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    Trademark licensees do not need the protection of Section 365(n) to continue to use property post-rejection
    2012-10-23

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Seventh Circuit
    Authors:
    David Allen
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Enforceability of subordination provisions in synthetic CDOs — a Lehman perspective
    2010-02-03

    On January 25, 2010, the U.S. Bankruptcy Judge Peck struck down a provision that used the bankruptcy of Lehman Brothers Holdings, Inc. (“LBHI”) to trigger subordination of a Lehman subsidiary’s swap claim against a securitization vehicle in the United Kingdom.1

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Collateral (finance), Interest, Swap (finance), Deed, Default (finance), Collateralized debt obligation, Bankruptcy of Lehman Brothers, Bank of New York Mellon, Lehman Brothers, United States bankruptcy court
    Authors:
    Fabien Carruzzo
    Location:
    United Kingdom, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Forget about buying your way out of “cramdown” in the Ninth Circuit
    2012-10-23

    The Bottom Line:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Special purpose entities – the new Chapter 11 debtors: General Growth bankruptcy court takes the “remoteness” out of bankruptcy structured financings
    2009-08-17

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Mortgage loan, Bad faith, Refinancing, Commercial mortgage-backed security, Memorandum opinion, Secured loan, Title 11 of the US Code, MetLife, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Hungarian bankruptcy and corporate legislation revised
    2007-03-12

    Changes to Hungarian bankruptcy law mean that priority will be given to creditors who pledge property as security or collateral. Minor changes to Hungarian corporate legislation require companies to list specific court registration information on their official correspondence and websites.

    Introduction

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Public company, Bankruptcy, Costs in English law, Credit (finance), Debtor, Collateral (finance), Liquidation, Liquidator (law), Capital punishment, Dissolution (law)
    Location:
    Hungary
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Distressed Financing Pitfalls: When Execution Goes Off Track (Part 4)
    2022-01-19

    In Parts 1, 2 and 3 we covered some easy traps to fall into when trying to execute a distressed financing tr

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The new bankruptcy law in the UAE: moving to rescue and rehabilitation
    2016-11-10

    The long-awaited UAE Federal Bankruptcy Law (the New Law) is expected to take effect on 29 December 2016. The reforms aim to modernise the largely untested existing bankruptcy legislation in a manner suitable to the economic and business landscape of a fast-developing country like the UAE. The move is away from the stigma of bankruptcy and business failure to rescue and rehabilitation.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy
    Authors:
    Haris Meyer Hanif , Ryan Beckwith
    Location:
    United Arab Emirates
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Flip-clauses reconsidered: Lehman Court departs from previous safe harbor rulings
    2016-06-30

    Court holds that distributions made pursuant to priority payment provisions contained in CDO transactions are protected by Section 560 of the Bankruptcy Code

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Safe harbor (law), Class action, Swap (finance), Liquidation, Default (finance), Collateralized debt obligation, Bankruptcy of Lehman Brothers, Bank of America, Lehman Brothers, United States bankruptcy court
    Authors:
    Brian D. Rance , Timothy Harkness , Linda H. Martin
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    New Italian measures aimed at supporting businesses and accelerating credit recovery procedures - Law Decree 59/2016 dated 3 May 2016
    2016-05-10

    A law decree providing for urgent measures on guarantees, foreclosure and insolvency proceedings and aiming at restoring damages suffered by investors of banks under liquidation, was published on the Italian Official Gazette n. 59 on 3 May 2016 (the Decree). The Decree must be converted into law by the Italian Parliament by 2 July 2016 (i.e. within 60 days from the date of its publication) to become fully effective.

    “Pegno mobiliare non possessorio”, an Italian floating security interest

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Debtor, Foreclosure, Liquidation, Default (finance)
    Location:
    Italy
    Firm:
    Freshfields Bruckhaus Deringer LLP
    TPR withdraws from Great Lakes moral hazard proceedings
    2011-07-18

    The Pensions Regulator (TPR) has announced that it has withdrawn moral hazard proceedings against Chemtura Manufacturing UK Limited and its US parent, Chemtura Corporation. This follows an agreement being reached by Chemtura with the trustees of the Great Lakes UK Limited Pension Plan (the Plan) over its funding package.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Liability (financial accounting), Pensions Act 2004 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP

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