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    Opinion of Interest - In re Dura Automotive Systems, LLC: Delaware Bankruptcy Court Affirms Inability to “Impliedly” Assume Executory Contracts
    2021-07-30

    In a recent opinion from the Delaware Bankruptcy Court in the Dura Automotive Systems bankruptcy case,[1] Judge Karen Owens held that executory contracts cannot be impliedly assumed through course of conduct by the parties, under binding Third Circuit precedent, notwithstanding that a minority of courts outside of the Third Circuit have allowed it

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Regulator or Creditor: When is Enforcement of Consumer Protection Laws Exempt from the Automatic Stay, and Who Makes That Determination?
    2020-10-13

    Can state regulatory agencies move ahead with lawsuits against businesses who file for bankruptcy in order to enforce consumer protection and business laws, or does the automatic stay’s broad injunctive sweep capture those actions? The answer depends on whether the state is acting in its regulatory capacity or simply like another creditor – and the distinction is not always clear.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Ninth Circuit, United States bankruptcy court
    Authors:
    Sean T. Scott , Aaron Gavant , Samuel R. Rabuck
    Location:
    USA
    Firm:
    Mayer Brown
    Lehman Bankruptcy Court addresses scope of the Bankruptcy Code's safe harbor for liquidation, termination and acceleration of swap agreements
    2014-01-09

    In Michigan State Housing Development Authority v. Lehman Brothers Derivatives Products, Inc., et al. (In re Lehman Brothers Holdings Inc., et al.) (Michigan State Housing), 1 the US Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) recently held that a provision in a swap agreement that shifted the methodology for calculating termination amounts upon the debtor counterparty’s bankruptcy was enforceable under the Bankruptcy Code’s safe harbor for liquidating, terminating and accelerating swap agreements.

    Filed under:
    USA, Michigan, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Swap (finance), Liquidation, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Recent bankruptcy decisions demonstrate importance of structuring considerations in financings of public-private partnerships
    2010-08-26

    The recent bankruptcy filings by infrastructure companies Connector 2000 Association Inc., South Bay Expressway, L.P., California Transportation Ventures, Inc., and the Las Vegas Monorail Company have tested the structures utilized to implement public-private partnerships (P3s) in the United States in several respects. It is still too early to draw definitive conclusions about the impact of these proceedings on P3 structures going forward, but initial rulings in two of the cases are already focusing the minds of project participants on threshold structuring considerations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Projects & Procurement, Mayer Brown, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Concession (contract), Limited partnership, Public-private partnership, Franchise agreement, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    New York Bankruptcy Court holds remote special purpose subsidiaries eligible as debtors, denies dismissal of SPE Chapter 11 filings by General Growth Properties
    2009-08-31

    On August 11, 2009, the US Bankruptcy Court for the Southern District of New York denied five motions to dismiss bankruptcy cases filed by certain bankruptcy remote, special purpose subsidiaries (SPEs) of General Growth Properties, Inc. (GGP). The motions were filed by or on behalf of secured lenders to the SPEs (Movants) who argued that the bankruptcy filings were inconsistent with the bankruptcy remote structures that they had negotiated with GGP.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Public company, Bankruptcy, Shareholder, Debtor, Real estate investment trust, Good faith, Bad faith, Refinancing, Subsidiary, Title 11 of the US Code, Delaware General Corporation Law, United States bankruptcy court
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re Homaidan: Not all Private Student Loans are Presumptively Nondischarbeable in Bankruptcy
    2021-07-16

    With more than $1.7 trillion in student loan debt outstanding in the United States, student loan borrowers sometimes try to turn to the bankruptcy courts for relief, often without success due to the fact that most student loans are presumed to be nondischargeable.[1] In its July 15, 2021 decision in In re Homaidan,

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Joshua R. Gross , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    A Grounding in Thai Rehabilitation of Business
    2020-07-21

    This Legal Update provides an outline of the Thai rehabilitation process, by reference to the Thai Airways proceedings currently underway in Bangkok's Central Bankruptcy Court.

    Toward the end of this Legal Update, we also touch on how airlines could use US Chapter 11 proceedings, a process understood to have been mooted by Thai Airways.

    Filed under:
    Thailand, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Coronavirus
    Location:
    Thailand
    Firm:
    Mayer Brown
    Detroit, Michigan, eligible to file Chapter 9 bankruptcy
    2013-12-13

    On December 5, 2013, Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan held that the city of Detroit had satisfied the five expressly delineated eligibility requirements for filing under Chapter 9 of the US Bankruptcy Code1 and so could proceed with its bankruptcy case.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Sixth Circuit
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    In pursuit of universality in cross-border insolvency
    2010-08-05

    The Court of Appeal1 has ruled that foreign judgments in insolvency proceedings may be enforced by the English courts at common law, and that the ordinary principles which may prevent the enforcement of foreign judgments do not apply to insolvency judgments where the action from which the foreign judgment arises is integral to the collective nature of the insolvency proceedings.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Conflict of laws, Debtor, Consumer protection, Liquidation, Common law, Enforcement of foreign judgments, In rem jurisdiction, Court of Appeal of England & Wales, High Court of Justice, United States bankruptcy court
    Authors:
    Devi Shah , Jennifer Fox
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    NRA Bankruptcy Dismissed for Lack of Good Faith in Filing
    2021-05-14

    The Bankruptcy Court for the Northern District of Texas dismissed the National Rifle Association’s (“NRA”) bankruptcy case on May 11, finding that the case was not filed in good faith. In his opinion, Judge Harlin Hale found that there was cause for dismissal because the case was filed “to gain unfair litigation advantage and … to avoid a state regulatory scheme,” neither of which he considered to be a purpose intended or sanctioned by the Bankruptcy Code.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown

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