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    How to cut risk of dealing with a defaulting lender
    2008-10-08

    In the wake of recent bankruptcy filings by several prominent financial institutions, there’s a growing interest in changing standard credit documentation to address the risks of defaulting lenders and nonperforming administrative agents. Here are credit agreement provisions that financial institutions, acting as swingline lenders and letter of credit issuers, can require to protect themselves against the risk of a defaulting lender.

    Filed under:
    USA, Banking, Insolvency & Restructuring, White & Case LLP, Share (finance), Bankruptcy, Letter of credit, Credit (finance), Debtor, Collateral (finance), Interest, Margin (finance), Good faith, Refinancing, Default (finance), Line of credit, Pro rata
    Location:
    USA
    Firm:
    White & Case LLP
    Has the disturbance to the claims trading markets been quelled?
    2007-11-14

    Many participants in the multibillion-dollar distressed-debt trading markets were hoping that Federal District Court Judge Shira A. Scheindlin would permit expedited review of her ruling immunizing a purchaser of a claim against a debtor in bankruptcy from objections to the claim based upon the conduct of a prior holder of the claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Debt, Remand (court procedure), Distressed securities, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Supreme Court Clarifies Effects of Bankruptcy on Trademark Licenses
    2019-06-10

    On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the trademark." This holding resolves a longstanding circuit split in the Federal Courts of Appeal about the effects of bankruptcy on trademark licenses.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, White & Case LLP, Debtor, Title 11 of the US Code, US Congress
    Location:
    USA
    Firm:
    White & Case LLP
    Intercreditor releases – the junior creditors strike back
    2010-10-05

    Introduction

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, White & Case LLP, Share (finance), Shareholder, Surety, Debtor, Liability (financial accounting), Holding company, Subsidiary, Leverage (finance), Barclays, Trustee
    Authors:
    Stephen Phillips , Christian Pilkington
    Location:
    European Union
    Firm:
    White & Case LLP
    Drafting error deprives creditors of benefit of bankruptcy estate assets
    2008-09-03

    The Fifth Circuit recently issued an opinion addressing an important issue with respect to the preservation of a debtor's causes of action in a Chapter 11 plan of reorganization. The Fifth Circuit held that a reorganized debtor lacked standing to pursue certain common-law claims that were based on the pre-confirmation management of the bankruptcy estate's assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Breach of contract, Fraud, Fiduciary, Limited liability company, Res judicata and issue estoppel, Standing (law), Negligence, Liquidation, Common law, Collateral estoppel, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Claims trading: can "bad acts" of the original creditor prevent the allowance of a claim sold to a third party?
    2007-10-04

    According to a recent decision by the United States District Court for the Southern District of New York,1 a claim sold post-petition is not subject to equitable subordination based solely on the original claimholder's conduct. Likewise, a claim sold post-petition cannot be disallowed based on the original claimholder's receipt of (and failure to repay) an avoidable transfer.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Disability, Title 11 of the US Code, Citibank, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    PACTE Act (action plan for the growth and transformation of companies): The main changes regarding distressed companies
    2019-06-05

    Presented as a major measure of the five-year French presidential term, the law “on growth and business transformation”, also known as the PACTE Act, came into force on May 24th, 2019. Amongst the changes that were brought, some of them deserve a particular focus.

    Two phases of the reform. The PACTE Act revises the insolvency legal framework and mainly empowers the executive to directly implement the EU insolvency directive and to reform the law on security interests within a period of two years.

    The first phase of the reform

    Filed under:
    France, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White & Case LLP, Debtor
    Authors:
    Saam Golshani , Alexis A Hojabr
    Location:
    France
    Firm:
    White & Case LLP
    Corporate reorganization of Takefuji corporation
    2010-10-04

    Court Acceptance of Petition for Corporate Reorganization

    Filed under:
    Japan, Insolvency & Restructuring, White & Case LLP, Shareholder, Debtor, Unsecured debt, Debt, Liability (financial accounting), Balance sheet, Debtor in possession, Market value, Trustee
    Location:
    Japan
    Firm:
    White & Case LLP
    Fifth Circuit emphasizes harm to other creditors as requirement for equitable subordination
    2008-07-14

    In a recent case,1 the Fifth Circuit emphasized its rule that a creditor's claim may be equitably subordinated to the claims of other creditors only to the extent necessary to offset the harm that the other creditors have suffered, based on specific findings and conclusions.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Shareholder, Debtor, Unsecured debt, Collateral (finance), Debt, Intangible asset, Default (finance), Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Fourth Circuit sifts circumstances to deny a creditor any claim against a debtor where creditor received partial payment from a guarantor
    2007-10-04

    In National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.),1 the Fourth Circuit held that, where an unsecured creditor receives payment from a non-debtor guarantor in partial satisfaction of a claim against the debtor, for purposes of the creditor's claim against the debtor, the creditor may not choose to allocate such payment to post-petition interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Costs in English law, Surety, Debtor, Natural gas, Interest, Debt, Coal, Electricity, Electricity generation, Unsecured creditor, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case LLP

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