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    The Fifth Circuit, on May 22, 2018, Renders Important Real Estate Lending Decision Regarding Golden Shares
    2018-05-25

    Executive Summary

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, United States bankruptcy court, Fifth Circuit
    Authors:
    Lawrence Mittman , Geoffrey Raicht
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    The Burden Of Medical Records During Bankruptcy
    2018-05-15

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S. Department of Health and Human Services announced that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax Inc., a medical record storage and transportation company, resolving claims against Filefax for potential violations of the Health Insurance Portability and Accountability Act, or HIPAA.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Haynes and Boone LLP, Medicare, Medicaid, Bankruptcy, Medical record, Health insurance, Liquidation, Due diligence
    Authors:
    C.J. Donald
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Healthcare Hazards Involving Medical Records During Bankruptcy
    2018-05-08

    Companies in the healthcare industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S. Department of Health and Human Services (HHS) announced that it had reached a settlement with the receiver appointed to liquidate the assets of Filefax, Inc., a medical record storage and transportation company, resolving claims against Filefax for potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Haynes and Boone LLP, Medicare, Medicaid, Bankruptcy, Medical record, Due diligence, Health Insurance Portability and Accountability Act 1996 (USA)
    Authors:
    Kenya S. Woodruff , Jennifer S. Kreick , C.J. Donald
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    9th Circuit Affirms “Per Plan” Approach to Interpret “Impaired Accepting Class” for Plan Confirmation Purposes Threatening Senior Mortgage Lender Protections in Common Real Estate Financing Structures: In re Transwest Resort Properties, Inc.
    2018-02-13

    Context

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Debtor, Mortgage loan, Ninth Circuit, United States bankruptcy court
    Authors:
    Lawrence Mittman , Geoffrey Raicht
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    The Fifth Circuit is Asked to Consider the Validity of the “Golden Share”
    2018-01-31

    As we described in our client alert dated September 14, 2016, in the aftermath of the real estate downturn from 1989 to 1993, when real estate mortgage lenders began to contemplate making new mortgage loans, they sought to create new legal structures to prevent their prospective borrowers from filing for Chapter 11, and to ameliorate the adverse consequences, if such a filing were to occur.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Haynes and Boone LLP, Mortgage loan, United States bankruptcy court, Fifth Circuit
    Authors:
    Lawrence Mittman , Geoffrey Raicht
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Movin’ on Up: Fifth Circuit is Asked to Consider the Validity of the “Golden Share”
    2018-01-30

    In our client alert dated September 14, 2016, we discussed the decision of the United States Bankruptcy Court for the District of Delaware in In re Intervention Energy Holdings, LLC, which refused to invalidate a bankruptcy filing made without the consent of its lender who held a “Golden Share” as void against federal public policy.

    Filed under:
    USA, Mississippi, Insolvency & Restructuring, Haynes and Boone LLP, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware
    Authors:
    Lawrence Mittman , Geoffrey Raicht
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Third Circuit Court of Appeals Does Not Follow Momentive and Enforces Make-Whole Payments Resulting from Redemption of Notes
    2016-12-09

    On November 17, 2016, the Third Circuit Court of Appeals issued an opinion holding that claims for “make-whole” amounts were valid and enforceable as “redemption premiums” under New York law despite the automatic acceleration of the underlying debt upon the issuer filing for chapter 11 bankruptcy protection. See In re Energy Future Holdings Corp., No. 16-1351 (3d Cir. Nov. 17, 2016) (the “EFH Decision”).

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Third Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    The Best Offense is a Good Defense: While the Eighth Circuit’s Decision in In re Opportunity Fund LLC Highlights Consequences and Potential Pitfalls of Substantive Consolidation, the Bankruptcy Court Ultimately Dismisses Fraudulent Transfer Claims against the Lenders
    2016-11-01

    In our previous two news alerts,1 we examined decisions that potentially undermine key elements of the legal structures that lenders created in response to their experiences in the United States Bankruptcy Courts during the real estate downturn of 1988 through 1992, including the involuntary restructure of their indebtedness and liens under the cram-down provisions of title 11 of the United States Code (the “Bankruptcy Codeâ€).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    In Re Transwest Resort Properties, Inc.: Arizona District Court Interpretation of “Impaired Accepting Class” for Plan Confirmation Purposes Threatens Senior Mortgage Lender Protections in Common Real Estate Financing Structures
    2016-09-13

    The enactment of the Tax Reform Act of 1986, which ended the many tax shelter advantages previously available to real estate investors, coupled with the savings and loan crises, effectively collapsed the real estate boom of the early-to-mid 1980’s. From 1988 to 1993, countless numbers of real estate loans went into default and many real estate borrowers sought to involuntarily restructure their loans through the “cram-down” provisions of Chapter 11 under title 11 of the United States Code (the “Bankruptcy Code”). 

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Haynes and Boone LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Is the "Golden Share" Losing its Luster? Delaware Bankruptcy Court Denies Dismissal of Chapter 11 Petitions Not Authorized By Lender Holding "Golden Share"
    2016-09-14

    I. Introduction

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Haynes and Boone LLP
    Authors:
    Lawrence Mittman , Trevor Hoffmann , Geoffrey Raicht , James S. Han
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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