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    Texas District Court: Bankruptcy sale break-up fee satisfied both business judgment test and administrative expense standard
    2022-09-29

    BUSINESS RESTRUCTURING REVIEW VOL. 21 • NO. 5 SEPTEMBER–OCTOBER 2022 1 IN THIS ISSUE 1 Texas District Court: Bankruptcy Sale Break-Up Fee Satisfied Both Business Judgment Test and Administrative Expense Standard 2 Lawyer Spotlight: Gregory M.

    Filed under:
    USA, Delaware, Texas, Insolvency & Restructuring, Litigation, Jones Day, Insolvency, Federal Deposit Insurance Corporation (USA), Delaware Supreme Court
    Location:
    USA
    Firm:
    Jones Day
    Structural Limitations on Bankruptcy Filings—Blocking Tactics on the Block
    2016-06-27

    A recent decision from the Bankruptcy Court for the District of Delaware further puts into doubt so-called bankruptcy blocking tactics. And the opinion from In re Intervention Energy Holdings, LLC, No. 16-11247, 2016 Bankr. LEXIS 2241 (Bankr. D. Del.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Singapore - - Becoming the “Delaware” of the Asia Pacific Region?
    2016-06-15

    Delaware has long established itself as a welcoming jurisdiction for various legal purposes. It began as a center for company incorporation by providing a corporate law framework that was flexible and continuously updated for new developments. More recently, Delaware has applied those same principles (plus an expansive view of venue) to become a center for major chapter 11 reorganization filings.

    Filed under:
    Singapore, USA, Delaware, Insolvency & Restructuring, Squire Patton Boggs, Debtor
    Authors:
    G. Christopher Meyer
    Location:
    Singapore, USA
    Firm:
    Squire Patton Boggs
    Make Me a Tender Offer! EFH Settlement Gets Third Circuit Approval
    2016-05-16

    On May 4, 2016, the Court of Appeals for the Third Circuit held that a bankruptcy settlement in the form of a tender offer did not violate the principles of the bankruptcy process. See opinion here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Secured creditor, Tender offer, United States bankruptcy court, Third Circuit
    Authors:
    Aditi Kulkarni
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Delaware Judges Double Down on the Boomerang Ruling Solidifying it as the Law of Delaware
    2016-03-21

    In February, we told you about Judge Walrath’s recent opinion in In re Boomerang Tube, Inc., which rejected a variety of different arguments, including a contractual work-around, that sought to circumvent the Supreme Court’s decision in Baker Botts LLP v.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    What happens in the Bahamas – – stays in the Bahamas
    2015-09-24

    An important decision was issued last week by the Bankruptcy Court for the District of Delaware in favor of Squire Patton Boggs’ client CCA Bahamas, Inc. (“CCA Bahamas”). The decision provides guidance on when U.S. bankruptcy courts should dismiss cases filed by foreign debtors. See In re Northshore Mainland Services, Inc., et al., Case No. 15-11402 (KJC).

    Filed under:
    Bahamas, USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, United States bankruptcy court
    Authors:
    Mark A. Salzberg , Nava Hazan , Barry E. Reiferson
    Location:
    Bahamas, USA
    Firm:
    Squire Patton Boggs
    Radioshack; unitranche clarity, or radio silence?
    2015-06-03

    In the ongoing RadioShack (RS) bankruptcy case, a Delaware bankruptcy court took a first look at the enforceability of Agreements Among Lenders (AALs), the contracts governing the often-times complicated relationships among lenders with different risk and yield appetites yet which reside in one credit agreement.  While the RS bankruptcy court provided long-awaited guidance on some aspects of AALs in its recent oral ruling, much has been left to the continued imaginations of those who dream of buy-out rights, waivers of voting rights and the other power-shifting mechanisms in AALs.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, United States bankruptcy court
    Authors:
    Shawn Creedon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    A push for unanimity in the ABI Commission report leaves important issues unaddressed
    2015-03-02

    After more than two years of study on what needs fixing, the ABI Reform Commission proposed hundreds of discrete recommendations on refurbishing the Bankruptcy Code. The 396 page report addresses a wide variety of topics, from modifying the rights of secured lenders in large corporate workouts to creating a viable restructuring path for small businesses.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Putting the brakes on derivative standing for lenders and other creditors of Delaware limited liability companies
    2011-04-06

    In 2007, the Delaware Supreme Court issued an important ruling for creditors of insolvent corporations. It held that such creditors had standing to assert derivative claims for breaches of fiduciary duties against directors of an insolvent corporation.1 But, as the Delaware Court of Chancery recently made clear, there is a big difference between Delaware limited liability companies (LLCs) and their corporate cousins.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Fiduciary, Limited liability company, Standing (law), Limited partnership, Derivative suit, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court, Court of equity
    Authors:
    Elliot M. Smith
    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

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