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    Another blow to triangular setoff in bankruptcy: “synthetic mutuality” no substitute for the real thing
    2011-12-06

    On October 4, 2011, Judge James M. Peck of the U.S. Bankruptcy Court for the Southern District of New York ruled in In re Lehman Bros. Inc., 2011 WL 4553015 (Bankr. S.D.N.Y. Oct. 4, 2011), that a “triangular setoff” does not satisfy the Bankruptcy Code’s mutuality requirement and that the Bankruptcy Code’s safe-harbor provisions do not eliminate that requirement in connection with setoffs under financial contracts.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    In brief: PBGC issues final PPA regulation on terminating plans in bankruptcy
    2011-08-10

    On June 13, the Pension Benefit Guaranty Corporation (“PBGC”) released a final rule that, in most cases, will reduce the amount of pension benefits guaranteed under the agency’s single-employer insurance program when a pension plan is terminated in a bankruptcy case. The rule will also decrease the amount of pension benefits given priority in bankruptcy.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Retirement, Vesting, Subsidy, Disability, Sponsor (commercial), Disability benefits, Pension Protection Act 2006 (USA), Title IV of the US Code, Pension Benefit Guaranty Corporation
    Location:
    USA
    Firm:
    Jones Day
    Calling all PRPs with contribution claims: pay up, or steer clear of bankruptcy court
    2011-04-01

    When a company that has been designated a responsible party for environmental cleanup costs files for bankruptcy protection, the ramifications of the filing are not limited to a determination of whether the remediation costs are dischargeable claims. Another important issue is the circumstances under which contribution claims asserted by parties coliable with the debtor will be allowed or disallowed in the bankruptcy case. This question was the subject of rulings handed down early in 2011 by the New York bankruptcy court presiding over the chapter 11 cases of Lyondell Chemical Co.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Jones Day, Environmental remediation, Pollution, Bankruptcy, Surety, Debtor, Common law, US Environmental Protection Agency, US Congress, United States bankruptcy court
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    China clarifies tax rules for enterprise reorganizations
    2010-08-12

    On April 30, 2009, the Ministry of Finance and the State Administration of Taxation (the "SAT") jointly issued the Notice on Certain Issues of Corporate Income Tax Treatment of Enterprise Reorganizations (the "Notice"), Cai Shui (2009) No. 59. The Notice provides corporate income tax treatment of various types of reorganizations including debt restructurings, acquisitions of equity, acquisitions of assets, mergers, and de-mergers.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Jones Day, Share (finance), Income tax, Debt, Economy, Fair market value, Good faith, Valuation (finance), Debt restructuring, State Administration of Taxation
    Location:
    USA
    Firm:
    Jones Day
    Chapter 15 in practice: bankruptcy court lacks jurisdiction to adjudicate avoidance actions in chapter 15 under U.S. or foreign law
    2009-04-02

    April 17, 2009, will mark the three-and-one-half-year anniversary of the effective date of chapter 15 of the Bankruptcy Code, which was enacted as part of the comprehensive bankruptcy reforms implemented under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

    Filed under:
    USA, Mississippi, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Consumer protection, Injunction, Interest, Liquidation, Subject-matter jurisdiction, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas , Pedro A. Jimenez
    Location:
    USA
    Firm:
    Jones Day
    Jones Day charts Dana Corporation's path to successful emergence from chapter 11
    2008-04-22

    On January 31, 2008, less than two years after the institution of their bankruptcy cases, Dana Corporation and its affiliated debtor companies became one of the first large manufacturing entities with fully funded exit financing to emerge from chapter 11 under the recently revised Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy, Debtor, Unsecured debt, Title 11 of the US Code
    Location:
    USA
    Firm:
    Jones Day
    Post-Travelers decisions continue the debate regarding the allowability of unsecured creditors’ claims for post-petition attorneys’ fees
    2007-10-01

    Recently, in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., the U.S. Supreme Court resolved a conflict among the circuit courts of appeal by overruling the Ninth Circuit’s Fobian rule, which dictated that attorneys’ fees are not recoverable in bankruptcy for litigating issues “peculiar to federal bankruptcy law.” In reaching its decision, the Supreme Court reasoned that the Fobian rule’s limitations on attorneys’ fees find no support in either section 502 of the Bankruptcy Code or elsewhere.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Unsecured debt, Unsecured creditor, Title 11 of the US Code, SCOTUS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Assessing the impact of the new Chapter 11 exclusivity deadline
    2007-01-29

    A debtor’s exclusive right to formulate and solicit acceptances for a plan of reorganization during the initial stages of a chapter 11 case is one of the most important benefits conferred under the Bankruptcy Code as a means of facilitating the successful restructuring of an ailing enterprise. By giving a chapter 11 debtor-in-possession time to devise a solution to balance sheet and operational problems without being burdened by the competing agendas of other stakeholders in the bankruptcy case, exclusivity levels the playing field, at least temporarily.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy, Shareholder, Debtor, Interest, Debt, Standing (law), Liquidation, Good faith, Balance sheet, Exclusive right, Title 11 of the US Code, US Congress, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Further amendments to Spanish Insolvency Act now effective
    2014-09-17

    On September 5, 2014, Spain enacted urgent measures to facilitate restructurings and avoid the insolvency of companies that, under the previous regime, might have been forced to enter into an insolvency process ("RDl 11/2014"). RDl 11/2014 modifies several provisions of the Spanish Insolvency Act (the "Act"). The objective of the reform is to improve the legal framework that governs voluntary arrangements between creditors and the sale of distressed businesses outside of insolvency by removing obstacles that have previously impeded the successful reorganization of insolvent companies.

    Filed under:
    Spain, Insolvency & Restructuring, Jones Day, Unsecured debt
    Authors:
    Juan Ferré
    Location:
    Spain
    Firm:
    Jones Day
    From the top in brief - March/April 2014
    2014-03-31

    In its first bankruptcy decision of 2014 (October Term, 2013), the U.S. Supreme Court held on March 4, 2014, in Law v. Siegel, No. 12-5196 (Mar. 4, 2014) (available athttp://www.supremecourt.gov/opinions/13pdf/12-5196_8mjp.pdf), that a bankruptcy court cannot impose a surcharge on exempt property due to a chapter 7 debtor's misconduct, acknowledging that the Supreme Court's decision may create "inequitable results" for trustees and creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Federal Insurance Contributions Act tax, United States bankruptcy court, Third Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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