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    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
    Xerium Technologies files bankruptcy, hoping to cut its debt by $160 million
    2010-04-05

    Equipment maker, Xerium Technologies, filed chapter 11 petitions for bankruptcy on March 30th in the United States Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Share (finance), Bankruptcy, Shareholder, Debt, Pro rata, Chief executive officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Delaware Bankruptcy Court revises Local Rules
    2010-04-13

    On February 1, 2010, the United States Bankruptcy Court for the District of Delaware revised its Local Rules. A clean copy of the Local Rules are available here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Consent, Mediation, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Electrical Components International files bankruptcy, seeking approval of prepackaged plan of reorganization
    2010-04-07

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Debt, Default (finance), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Magic brands, owner of Fuddruckers and Koo Koo Roo, files for bankruptcy
    2010-04-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Dividends, Brand, Limited liability company, Debt, Secured loan, Title 11 of the US Code, Chief financial officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Spansion addresses issues that arise during plan confirmation
    2010-04-15

    On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the Spansion bankruptcy rejecting the Debtor's proposed plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Testimony, Good faith, Preferred stock, Valuation (finance), Discounted cash flow, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Single-purpose entities and independent directors: does the general growth ruling change structured finance?
    2010-05-11

    A recent Delaware bankruptcy court decision1 on the ability of “bankruptcy remote” single-purpose entities emphasizes the complicated nature of the bankruptcy process and the issues that need to be considered when using “bankruptcy remote” entities in funding structures. Given the prevalence of such entities, this is an important decision for all participants in the structured fi nance industry.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Vedder Price PC, Bankruptcy, Collateral (finance), Liquidation, Voting, Involuntary dismissal, Bad faith, Refinancing, Secured creditor, Subsidiary, The Independent, United States bankruptcy court
    Authors:
    John T. Bycraft
    Location:
    USA
    Firm:
    Vedder Price PC
    Washington Mutual files revised reorganization plan with the support of the FDIC, JPMorgan Chase and unsecured creditors
    2010-05-23

    On Friday, Washington Mutual Inc. (WMI), the holding company that owned Washington Mutual Bank (WMB), filed a disclosure statement and amended reorganization plan with the U.S.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Share (finance), Debtor, Security (finance), Option (finance), Mortgage loan, Liability (financial accounting), Reinsurance, Liquidation, Holding company, Subsidiary, Preferred stock, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andrew Jones
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual 2019 ruling, Part II
    2010-05-20

    In a Bracewell & Giuliani client alert dated December 7, 2009 (which can be found here), we reported on a decision ("WaMu I") from Judge Walrath of the Delaware Bankruptcy Court that required a group of bondholders of Washington Mutual, Inc. ("WMI") to comply fully with the disclosure requirements of Bankruptcy Rule 2019.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Bracewell LLP, Share (finance), Bond (finance), Bankruptcy, Shareholder, Interest, Hedge funds, Debt, Economy, Constitutional amendment, United States bankruptcy court
    Authors:
    Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    North American Petroleum Corporation files for bankruptcy in Delaware following dispute with Enterra Energy
    2010-05-30

    Introduction

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Natural gas, Accounts receivable, Market liquidity, Debt, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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