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    Behind Sabine’s Curtain Lies Negotiation
    2016-03-11

    This is the first of several posts on gathering agreements in bankruptcy, covenants running with the land and rejection claims that arise when a debtor finds gathering agreements financially burdensome. As our readers know, we waited with much anticipation for theSabine ruling and wait with equal anticipation for the ruling on similar issues in QuickSilver.  Being pragmatic business lawyers we decided to blog on what parties to gathering agreements should be doing now in light of the non-binding, advisory Sabine ruling.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor
    Authors:
    Michael D. Cuda , Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    So which “applicable law” is applicable under section 365?
    2014-12-30

    Under section 365(f)(1), a debtor is permitted to assume and assign leases and executory contracts notwithstanding contractual limitations or “applicable law” that restricts such assignment. However, that broad general authorization begins with the limiting language, “except as provided in subsection (b) and (c) of this section….”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Conflict of laws, Debtor
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Frenemies – extending the common interest privilege to the restructuring context
    2011-04-06

    The term “frenemy” – a combination of the words friend and enemy – has emerged from modern vernacular to describe someone who is simultaneously a partner and an adversary. The term is perhaps perfectly emblematic of the restructuring process where various constituents make and break alliances in an effort to steer the restructuring process. In so doing, the lines between friend and enemy are often blurred or altered during the course of the restructuring.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Interest, Discovery, Liability (financial accounting), Delaware Supreme Court, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Security for parallel debt questioned by Poland’s Supreme Court
    2009-11-19

    Poland’s Supreme Court in a recent ruling found a grant of security for parallel debt to be invalid.

    Filed under:
    Poland, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Accounts receivable, Debt, Capital punishment, Subsidiary, SCOTUS
    Authors:
    Peter Swiecicki
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    Digging for Help Part 2: Additional Key Issues in Metals Exploration Bankruptcies
    2016-02-29

    Last week, we discussed the complexities of metals exploration chapter 11 bankruptcy cases and addressed several of the notable issues that arise in those cases. The discussion of significant issues continues below.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor, Right of first refusal
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    “Take that… and rewind it.”
    2014-12-09

    Imagine: you are a lender that has loaned substantial sums of money to an individual, secured by real property owned by the borrower. After the borrower defaults and negotiations fail, you seek and obtain the appointment of a receiver. But now litigation ensues—about the loan documents, about contract defaults, about interest rates, about foreign law. After a substantial investment of time and money, your trial date draws closer. At some point during this odyssey, your borrower secretly transfers the real property collateral to a newly-created, single-member LLC.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor
    Authors:
    Kristin E. Richner
    Location:
    USA
    Firm:
    Squire Patton Boggs
    A statutory basis for substantive consolidation? In re Cyberco Holdings, Inc., 431 B.R. 404 (Bankr. W.D. Mich. 2010)
    2011-04-06

    A popular line of thinking among bankruptcy practitioners and commentators holds that substantive consolidation – the combining of assets and liabilities of a debtor and another debtor or non-debtor entity to satisfy creditor claims against both entities ratably from the resulting pool – is an equitable remedy of judicial invention with no specific foundation in the Bankruptcy Code.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Fraud, Federal Reporter, Liability (financial accounting), Title 11 of the US Code, Second Circuit, United States bankruptcy court, Third Circuit
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Delaware bankruptcy court’s Pillowtex decision favors preference defendant relying on subsequent new value defense
    2009-10-20

    The October 15, 2009 decision of the US Bankruptcy Court for the District of Delaware in In re Pillowtex opens the door for creditors in the Third Circuit to increase their "new value" preference defense under the "subsequent advance" approach.In re Pillowtex, No. 03-12339 (Bankr. D. Del. filed Oct. 15, 2009).

    A trustee’s power to avoid preference payments is circumscribed by the statutory defenses set forth in section 547(c) of the Bankruptcy Code. The "subsequent new value" defense set forth in section 547(c)(4) has three well-established elements:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Federal Reporter, Westlaw, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy court leaves parties guessing on cram-down interest rate
    2015-10-13

    Parties continue to skirmish over the sufficiency of the “cram-down” interest rate required to confirm a Chapter 11 plan over a secured lender’s objection. Currently bankruptcy courts will give some weight to the “prime plus” formula set forth in Till v. SCS Credit Corp., 541 U.S. 465 (2004)(plurality opinion).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    When a debtor’s debtor pays twice: how employee insolvency or bankruptcy may be costly for an employer
    2013-10-09

    In the current climate, the demand for jobs substantially exceeds the supply. Even so, for employers it can still be difficult to find a quality employee who meets the specific requirements for the given job. Once a suitable employee is found for the vacant position, they complete the usual formalities – submitting documents on their education, health and evidence of criminal records, agree with the employer on wages and other conditions of the employment and sign the labor contract.

    Filed under:
    Czech Republic, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Wage, Bankruptcy, Debtor, Liability (financial accounting)
    Authors:
    Jeffrey A. McGehee , Markéta Lukešová
    Location:
    Czech Republic
    Firm:
    Squire Patton Boggs

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