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    Debt purchaser’s credit bid limited post-Fisker
    2014-05-28

    In the March/April 2014 edition of the Business Restructuring Review, we discussed an important ruling from a Delaware bankruptcy court restricting a creditor’s right to credit bid an acquired claim in bankruptcy sale of the underlying collateral. In In re Fisker Automotive Holdings, Inc., 2014 BL 13998 (Bankr. D. Del. Jan. 17, 2014), leave to app. denied, 2014 BL 33749 (D. Del. Feb. 7, 2014), certification denied, 2014 BL 37766 (D. Del. Feb. 12, 2014), the bankruptcy court limited the amount of the credit bid to the discounted purchase price actually paid for the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debt, Secured creditor, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-03-27

    Recent Developments

    Filed under:
    Argentina, Germany, Global, Spain, Banking, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Debt, Default (finance), Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré , Matthew French
    Location:
    Argentina, Germany, Global, Spain
    Firm:
    Jones Day
    No safe harbor in a bankruptcy storm: mutuality “baked into the very definition of setoff”
    2010-08-10

    "Safe harbors" in the Bankruptcy Code designed to insulate nondebtor parties to financial contracts from the consequences that normally ensue when a counterparty files for bankruptcy have been the focus of a considerable amount of scrutiny as part of evolving developments in the Great Recession. One of the most recent developments concerning this issue in the courts was the subject of a ruling handed down by the New York bankruptcy court presiding over the Lehman Brothers chapter 11 cases. In In re Lehman Bros. Holdings, Inc., Judge James M.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Conflict of laws, Debtor, Security (finance), Fraud, Division of property, Swap (finance), Commodity, Debt, Concession (contract), Liquidation, Debtor in possession, US Congress, Lehman Brothers, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Claims traders alert
    2014-05-28

    A decision recently handed down by the U.S. District Court for the Western District of Washington should be of interest to lenders and distressed debt purchasers. In Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd. (In re Meridian Sunrise Village, LLC), 2014 BL 62646 (W.D. Wash. Mar. 6, 2014), a lender group had provided $75 million in financing to a company for the purpose of constructing a shopping center.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Interest, Hedge funds, Debt, Distressed securities
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-01-23

    Recent Developments

    Filed under:
    Argentina, European Union, USA, New York, Banking, Insolvency & Restructuring, Litigation, Public, Jones Day, Bond (finance), Bankruptcy, Hedge funds, Debt, Default (finance), Debt restructuring, ECB, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré , Matthew French
    Location:
    Argentina, European Union, USA
    Firm:
    Jones Day
    Autodis: a surgical restructuring à la française
    2009-07-30

    The recent restructuring of Autodis, a French car parts company, is a perfect illustration of the positive consequences of the reform of the French bankruptcy code in effect since February 15, 2009. The combined use of the French conciliation procedure for the operating company and the French safeguard procedures for the holding companies were agreed upon between the debtor and its creditors pursuant to the first pre-pack agreement executed in France.

    Background

    Filed under:
    France, Insolvency & Restructuring, Jones Day, Bond (finance), Bankruptcy, Shareholder, Credit (finance), Debtor, Debt, Investment banking, Leveraged buyout, Write-off, United States bankruptcy court
    Authors:
    Laurent Assaya , Frédéric Gros
    Location:
    France
    Firm:
    Jones Day
    Delaware court finds "cause" to limit credit-bid to facilitate bankruptcy auction
    2014-03-31

    In In re Fisker Automotive Holdings, Inc., 2014 BL 13998 (Bankr. D. Del. Jan. 17, 2014), leave to app. denied, 2014 BL 33749 (D. Del. Feb. 7, 2014), certification denied, 2014 BL 37766 (D. Del. Feb. 12, 2014), a Delaware bankruptcy court limited a creditor's ability to credit bid its debt in connection with the sale of a hybrid car manufacturer's assets.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Collateral (finance), Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day
    EuroResource--deals and debt
    2012-11-08

    Global—On 26 October 2012, the U.S. Court of Appeals for the Second Circuit, in a ruling that may impact sovereign debt restructurings, upheld a lower court order enjoining Argentina from making payments on restructured defaulted debt without making comparable payments to bondholders who did not participate in the restructuring.

    Filed under:
    Spain, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Injunction, Security (finance), Debt, Default (finance), Second Circuit
    Authors:
    Corinne Ball
    Location:
    Spain, United Kingdom, USA
    Firm:
    Jones Day
    The retail sector – restructuring options in the current climate
    2009-07-30

    The ready availability of credit over the first seven years of the past decade fuelled a massive, property-led consumer boom. Although perhaps a long time coming, the restriction in the continuing availability of such credit since mid 2007 has resulted in a serious recession. The scale of the problems will take time to unwind but given the continuing restrictions on credit, consumers are spending less, especially on high-value discretionary items.  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Jones Day, Retail, Credit (finance), Debtor, Private equity, Landlord, Debt, Consent, Leverage (finance)
    Authors:
    Michael Rutstein , David Harding
    Location:
    United Kingdom
    Firm:
    Jones Day
    "Trade away!" Bankruptcy Court for the Southern District of New York decides that original issue discount from fair value exchanges is allowable in bankruptcy
    2014-03-31

    Debt exchanges have long been utilized by distressed companies to address liquidity concerns and to take advantage of beneficial market conditions. A company saddled with burdensome debt obligations, for example, may seek to exchange existing notes for new notes with the same outstanding principal but with borrower-favorable terms, like delayed payment or extended maturation dates (a "Face Value Exchange"). Or the company might seek to exchange existing notes for new notes with a lower face amount, motivated by discounted trading values for the existing notes (a "Fair Value Exchange").

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Interest, Market liquidity, Debt, Fair market value, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day

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