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    Restructuring and Bankruptcy Developments: The Supreme Court’s 2023-24 Term
    2024-07-17

    Highlights

    Long-anticipated U.S. Supreme Court decision in Purdue Pharma shakes up the scope of bankruptcy releases

    Insurers get increased ability to participate in bankruptcy cases

    Overpayment of bankruptcy fees is not refundable to Chapter 11 debtors

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, US Department of Justice, Supreme Court of the United States
    Authors:
    Kenneth P. Kansa
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    U.S. Supreme Court Rules on Section 363(m) of Bankruptcy Code, Potentially Reveals View on Equitable Mootness
    2023-05-02

    Highlights

    The Supreme Court held Section 363(m) is only a “statutory limitation” to accessing appellate relief in disputed bankruptcy sales that requires parties to take certain procedural steps to be effective

    The Supreme Court also addressed mootness arguments and held that as long as parties have a concrete interest, however small, in the outcome of an appeal, the appeal should remain alive

    The ruling provides insight as to how the Supreme Court may tackle the controversial doctrine of “equitable mootness”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Supreme Court of the United States, US Bankruptcy Court for the Southern District of New York
    Authors:
    Gregory G. Plotko , Anne E. Parrish
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Silicon Valley Bank and Signature Bank Fallout - Legal Considerations for Borrowers, Syndicated Lenders and Trade Creditors
    2023-03-17

    Highlights

    Counterparties should continue to follow their current contractual obligations

    Silicon Valley Bank’s parent company bankruptcy filing will not impact contractual rights

    Counterparties should be vigilant and consider alternate financing arrangements

    Filed under:
    USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Barnes & Thornburg LLP, Venture capital, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    Gregory G. Plotko , Troy Zander , Mark T. Kindelin , Thomas M. Maxwell
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    SCOTUS Cert Recap: Civil Procedure, Bankruptcy, and Worker’s Comp
    2022-01-12

    Highlights

    On Jan. 10, the U.S. Supreme Court agreed to hear three cases, which present the following three questions:

    Does a motion for relief from a final judgment that is premised on a legal error fall under Rule 60(b)(1) or 60(b)(6)?

    Does the Constitution's provision for “uniform” bankruptcy laws permit Congress to implement Chapter 11 fee increases in different ways in different regions of the country?

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Bankruptcy, US Congress, Supreme Court of the United States
    Authors:
    Kian Hudson
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    9 Ways the Recent Stimulus Bill Affects Bankruptcy
    2021-01-11

    Highlights

    In an effort to resolve divergent court rulings, the new Consolidated Appropriations Act gives the Small Business Administration discretion to determine which small and individual debtors may obtain PPP loans in bankruptcy

    The CAA allows debtors in all bankruptcy cases to automatically take up to 210 days (thereby extending the statutory period by 90 days) to choose to continue with a non-residential real property lease and provides an additional grace period on payments for small business debtors after a filing

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA)
    Authors:
    Paul Laurin , Allison M. Scarlott , Molly N. Sigler
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Subnational insolvencies and beyond: if Detroit can be restructured in a bankruptcy proceeding, why not Argentina?
    2013-08-30

    “You cannot properly appraise the real seriousness of that situation unless you are right there in the city. Everything that frugal men and women put aside for years to save for old age, to get security for themselves – everything that they put aside to make the lot of their children a better one than their own, is now likely to be swept away. There is only one way that you can lighten the load of the municipality and that is to take its debt service off for the time being. Specifically, so that you will understand it, what is it in the city of Detroit?

    Filed under:
    Argentina, USA, Insolvency & Restructuring, Barnes & Thornburg LLP, Bankruptcy, Debt, Default (finance), Title 11 of the US Code
    Authors:
    Patrick E. Mears
    Location:
    Argentina, USA
    Firm:
    Barnes & Thornburg LLP
    The winds of change intensify over Europe: recent European Union actions firmly embrace the “rescue and recovery” culture for business recovery
    2014-03-20

    A lingering misperception among American businesspersons and some commercial lawyers is that it is a fool’s errand to commence an insolvency case seeking reorganization in a European nation because those national laws prescribe liquidation rather than rehabilitation. These business leaders often dismiss out-of-hand insolvency relief on the continent for a troubled European subsidiary and elect to wind up the company’s affairs outside the judicial system.

    Filed under:
    European Union, Insolvency & Restructuring, Barnes & Thornburg LLP, Liquidation, European Commission
    Authors:
    Patrick E. Mears
    Location:
    European Union
    Firm:
    Barnes & Thornburg LLP
    Globalization’s further advance: business insolvency proceedings in other countries
    2009-09-10

    Everyday, most of us in the United States encounter evidence of relentless economic globalization. Gone are the days when American-brand automobiles dominated our roads. As a result of NAFTA, fresh Mexican produce fills the shelves of our local supermarkets. You are perhaps just as likely to fly overseas on Japan Air Lines, Aer Lingus or Lufthansa as on Northwest-Delta, American or United.

    Filed under:
    Canada, France, Germany, USA, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Bankruptcy, Debtor, Liquidation, Debtor in possession, Exclusive jurisdiction, Lehman Brothers cases, General Motors
    Authors:
    Patrick E. Mears
    Location:
    Canada, France, Germany, USA
    Firm:
    Barnes & Thornburg LLP
    Chile embraces the corporate rescue culture of U.S. chapter 11 reorganizations and facilitates cross-border cases by revising its insolvency law
    2014-04-29

    In 2014, the Chilean Legislature enacted legislation that substantially overhauls its prior insolvency law, liberalizing that law as it pertains to business insolvency cases commenced in Chile. As explained below, this new law incorporates a number of provisions that permit the reorganization of financially troubled businesses.

    Filed under:
    Chile, Insolvency & Restructuring, Barnes & Thornburg LLP
    Authors:
    Patrick E. Mears
    Location:
    Chile
    Firm:
    Barnes & Thornburg LLP
    The Tricky Business of Transferring Insurance Rights in Corporate Transactions
    2020-03-13

    Insurance rights for transferred assets or liabilities frequently are handled in one of two ways in a corporate transaction: either they are not mentioned at all, or the parties purport to transfer them without insurer consent. This is largely because insurer consent would be impractical, if not impossible, to obtain—even if one assumes it would ever be given. In either case, the rights to insurance may or may not transfer under the law governing the transaction.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Barnes & Thornburg LLP
    Authors:
    Charles P. Edwards
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP

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