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    From the top: recent U.S. Supreme Court ruling
    2011-04-01

    The U.S. Supreme Court’s October 2010 Term (which extends from October 2010 to October 2011, although the Court hears argument only until June or July) officially got underway on October 4, three days after Elena Kagan was formally sworn in as the Court’s 112th Justice and one of three female Justices sitting on the Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Federal Reporter, Ex post facto law, Debt, Tax deduction, Dissenting opinion, Majority opinion, Article III US Constitution, Internal Revenue Service (USA), US Congress, Westlaw, SCOTUS, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Business restructuring review: the year in bankruptcy: 2006
    2007-02-01

    In light of the continued favorable business climate and ample liquidity in the U.S., the falloff in business bankruptcy filings in 2006 should come as no big surprise. Unlike 2005, which added three new stars to the all-time hit parade of chapter 11 “mega” cases, 2006 saw no new additions to the Top 10 list for public-company chapter 11 filings. Overall, the number of business bankruptcy filings dropped 20 percent in fiscal year 2006, the fifth straight year a decline was reported, according to statistics released by the Administrative Office of the U.S. Courts in October of 2006.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Public company, Bankruptcy, Debt, Subsidiary, Title 11 of the US Code, Ford Motor Company
    Location:
    USA
    Firm:
    Jones Day
    To rank or not to rank: the UK Supreme Court decision in Lehman/Nortel
    2013-07-25

    In a much-awaited judgment, the UK Supreme Court has decided that the liability of a company in administration or liquidation to contribute to an under-funded pension fund following a Financial Support Direction or a Contribution Notice is a provable debt ranking equally with other unsecured creditors. Crucially, it is not an expense of the administration or liquidation which would cause it to rank ahead of all creditors (except fixed charge holders) and even the administrator's or liquidator's own remuneration.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Unsecured debt, Debt, Liability (financial accounting), Liquidation, Defined benefit pension plan, The Pensions Regulator
    Authors:
    Michael Rutstein
    Location:
    USA
    Firm:
    Jones Day
    Distressed M&A: swap of debt for equity in an insolvent company to be simplified by a new law on the facilitation of the reorganization of enterprises
    2010-11-08

    As part of an intended comprehensive amendment of German insolvency law, the German Federal Ministry of Justice has prepared a draft of a new law to facilitate the reorganization of enterprises (“Reorganization Facilitation Act”). The new law will curtail the rights of shareholders of insolvent companies and allow capital measures and other corporate measures to be taken in the insolvency of a company without the participation of the shareholders. The new regulation is of interest to investors because it will significantly simplify the purchase of the shares of an insolvent company.

    Filed under:
    Germany, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Share (finance), Shareholder, Fiduciary, Swap (finance), Consideration, Debt, Liability (financial accounting), Subscription business model, Balance sheet
    Authors:
    Dr. Volker Kammel
    Location:
    Germany
    Firm:
    Jones Day
    The poison pill alternative to stock trading injunctions in Chapter 11
    2007-01-29

    The implementation of restrictions on stock and/or claims trading has become almost routine in large chapter 11 cases involving public companies on the basis that such restrictions are vital to prevent forfeiture of favorable tax attributes that can be triggered by a change in control. Continued reliance on stock trading injunctions as a means of preserving net operating loss carry forwards, however, may be problematic, after the controversial ruling handed down in 2005 by the Seventh Circuit Court of Appeals in In re UAL Corp.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Jones Day, Public company, Bond (finance), Bankruptcy, Shareholder, Debtor, Injunction, Board of directors, Taxable income, Debt, Liability (financial accounting), Internal Revenue Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-06-28

    Recent Developments

    Filed under:
    Argentina, Germany, United Kingdom, USA, Insolvency & Restructuring, Litigation, Tax, Jones Day, Debtor, Debt, HM Treasury (UK)
    Authors:
    Corinne Ball , Laurent Assaya , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Argentina, Germany, Macau, United Kingdom, USA
    Firm:
    Jones Day
    An overview of Chapter 9 of the Bankruptcy Code: municipal debt adjustments
    2010-08-16

    As attention shifts from the global financial crisis of 2008–2009 to the global sovereign crisis that currently is affecting much of Europe, lawmakers are scrambling to create new laws and regulations designed to stave off the next financial crisis.[1] Meanwhile, a different threat quietly has been growing in America's states, cities, towns, municipalities, and other political subdivisions.

    Filed under:
    USA, Insolvency & Restructuring, Public, Jones Day, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Swap (finance), Debt, Foreclosure, Credit default swap, Pension Benefit Guaranty Corporation
    Authors:
    Peter J. Benvenutti , David G. Heiman , Heather Lennox , Jayant W. Tambe
    Location:
    USA
    Firm:
    Jones Day
    Assessing the impact of the new Chapter 11 exclusivity deadline
    2007-01-29

    A debtor’s exclusive right to formulate and solicit acceptances for a plan of reorganization during the initial stages of a chapter 11 case is one of the most important benefits conferred under the Bankruptcy Code as a means of facilitating the successful restructuring of an ailing enterprise. By giving a chapter 11 debtor-in-possession time to devise a solution to balance sheet and operational problems without being burdened by the competing agendas of other stakeholders in the bankruptcy case, exclusivity levels the playing field, at least temporarily.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy, Shareholder, Debtor, Interest, Debt, Standing (law), Liquidation, Good faith, Balance sheet, Exclusive right, Title 11 of the US Code, US Congress, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-05-29

    Europe, the U.S. and Canada—On 7 May 2013, the US Bankruptcy Court for the District of Delaware denied a motion by European creditors of Nortel Networks Corp. ("Nortel") to certify a direct appeal to the U.S. Court of Appeals for the Third Circuit of the bankruptcy court's 3 April 2013 ruling (Inre Nortel Networks, Inc., Case No. 09-10138 (KG), 2013 BL 92666 (Bankr. D. Del. Apr.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jones Day, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK), United States bankruptcy court
    Authors:
    Corinne Ball , Dr. Volker Kammel , Matthew French , Kay V. Morley
    Location:
    USA
    Firm:
    Jones Day
    China clarifies tax rules for enterprise reorganizations
    2010-08-12

    On April 30, 2009, the Ministry of Finance and the State Administration of Taxation (the "SAT") jointly issued the Notice on Certain Issues of Corporate Income Tax Treatment of Enterprise Reorganizations (the "Notice"), Cai Shui (2009) No. 59. The Notice provides corporate income tax treatment of various types of reorganizations including debt restructurings, acquisitions of equity, acquisitions of assets, mergers, and de-mergers.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Jones Day, Share (finance), Income tax, Debt, Economy, Fair market value, Good faith, Valuation (finance), Debt restructuring, State Administration of Taxation
    Location:
    USA
    Firm:
    Jones Day

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