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    Banks sign relaunched ISDA stay protocol to help regulators liquidate a failed bank
    2015-11-15

    Twenty-one major global banks have already signed a relaunched stay protocol developed by the International Swap Dealers Association and other leading industry organizations in coordination with the Financial Stability Board. The purpose of the protocol is to help ensure the orderly resolution of a troubled bank by having firms voluntarily agree to abide by foreign resolution regimes in connection with cross-border transactions. A prior protocol was signed by 18 major banks in November 2014. The relaunched protocol increases the types of covered financial contracts.

    Filed under:
    Global, Banking, Derivatives, Insolvency & Restructuring, Katten Muchin Rosenman LLP, International Swaps and Derivatives Association
    Authors:
    Gary DeWaal
    Location:
    Global
    Firm:
    Katten Muchin Rosenman LLP
    OGX insolvency – what distressed investors need to know about Brazilian bankruptcy process
    2013-11-07

    On October 30, 2013, Brazilian oil company OGX Petróleo e Gas Participações SA (OGX) filed for bankruptcy protection (or “judicial reorganization”) in Rio de Janeiro after restructuring discussions between the company and its major creditors ended without agreement. With nearly $5 billion of debt, OGX is the largest and most complex bankruptcy proceeding to be conducted in Latin America and will not only test Brazil’s nascent bankruptcy law, but also presents itself as the latest potential opportunity for distressed investors focused on Latin American emerging markets.

    Filed under:
    Brazil, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Bankruptcy, Debt, Distressed securities
    Authors:
    Darius J. Goldman , Kenneth E. Noble , Matthew W. Olsen
    Location:
    Brazil
    Firm:
    Katten Muchin Rosenman LLP
    Court finds exigent circumstances warrant appointment of receiver for an insolvent, closely held corporation
    2012-03-23

    The Delaware Chancery Court recently found that exigent circumstances necessitated the appointment of a receiver for an insolvent company under section 291 of the Delaware General Corporation Law (DGCL). The insolvent company at issue had $1.9 million in tax debt and was at risk of losing a favorable settlement opportunity with the IRS due to an impasse between voting and non-voting shareholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Shareholder, Delaware General Corporation Law, Delaware Court of Chancery
    Authors:
    Michael S. Gordon , Elizabeth D. Langdale
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    FDIC board approves interim final rule on new liquidation authority and clarifies treatment of creditor claims
    2011-01-21

    The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) voted on December 18 to approve an interim final rule clarifying how the agency will treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Shareholder, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Debt, Liquidation, Subsidiary, Pro rata, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jeffrey M. Werthan
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Bankruptcy Court grudgingly permits financial advisor’s tail fee provision
    2010-02-19

    The U.S. Bankruptcy Court for the Southern District of Texas issued a stern warning to professional services providers regarding “tail fees,” establishing a presumption of unreasonableness against contract terms requiring fees not attached to tangible, identifiable and material benefits to the debtor’s estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Contractual term, Debtor, Investment banking, Investment company, Westlaw, United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman seeks to establish expedited procedures for assumption, assignment and termination of derivative contracts
    2008-11-17

    On November 13, 2008, Lehman Brothers Holdings Inc. and its U.S. affiliates in bankruptcy, including Lehman Brothers Special Financing and Lehman Brothers Commercial Paper (collectively, “Lehman”) filed a motion asking that certain expedited procedures be put in place to allow Lehman to assume, assign or terminate the thousands of executory derivative contracts to which they are a party.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Collateral (finance), Interest, Consent, Dispute resolution, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Under Pressure: Struggling Supply Chains
    2022-02-18

    In the construction sector solid cash flow throughout the supply chain is the lifeblood of most projects, no matter what size, and is arguably the single most important factor in ensuring that a project reaches its conclusion. However, the cumulative effect of various other factors such as Brexit, escalating global energy prices, the outlawing from 1 April 2022 of the use of the red diesel usage for construction plant, super inflation, higher material and labour costs and the end of government COVID-19 support schemes has led to increased lending costs and smaller profit margins.

    Filed under:
    United Kingdom, Construction, Environment & Climate Change, Insolvency & Restructuring, Public, Duane Morris LLP, Brexit, Supply chain, Coronavirus
    Location:
    United Kingdom
    Firm:
    Duane Morris LLP
    UK Corporate Insolvency & Governance Bill: Termination Clauses & Temporary COVID-19 Relief
    2020-06-09

    The new Corporate Insolvency and Governance Bill will introduce new provisions to protect a company from suppliers wishing to terminate supply contracts or invoking more draconian terms when the company is entering into certain insolvency procedures, a CVA, or a new restructuring plan or moratorium (as introduced by the Bill), (each an “Insolvency Procedure”).

    The purpose behind the new provisions is to maximise the possibility of a company being rescued or being able to sell its business as a going concern by helping it to trade through an Insolvency Procedure.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Duane Morris LLP, Coronavirus, UK House of Commons
    Location:
    United Kingdom
    Firm:
    Duane Morris LLP
    Buyer Beware - Following a Section 363 Sale and Lease Rejection, Debtor's Tenant May Have Right to Retain Leasehold and Reduced Rent
    2019-01-30

    The Revel decision provides a cautionary tale for purchasers under Section 363.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP
    Location:
    USA
    Firm:
    Duane Morris LLP
    Lease Rejection Damages Under the Bankruptcy Code Cap
    2017-02-20

    The United States Bankruptcy Code, pursuant to 11 U.S.C. Section 502(b)(6), caps a landlord's claim in bankruptcy for damages resulting from the termination of a real property lease. See In re PPI EnterprisesU.S., 324 F.3d 197, 207 (3rd Cir. 2003). Under Section 502(b)(6), a landlord-creditor is entitled to rent reserve from the greater of one lease year or 15 percent, not to exceed three years, of the remaining lease term.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Leasehold estate, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP

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