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    From the Top in Brief - July/August 2016
    2016-08-08

    The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law. In the first, Husky Int’l Elecs., Inc. v. Ritz, 194 L. Ed. 2d 655, 2016 BL 154812 (2016), the Court addressed the scope of section 523(a)(2)(A) of the Bankruptcy Code, which bars the discharge of any debt of an individual debtor for money, property, services, or credit to the extent obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Debtor, Fraud, Federal Reporter, Debt, Constitutionality, Dissenting opinion, Bankruptcy discharge, Title 11 of the US Code, SCOTUS, Fifth Circuit, Third Circuit, Seventh Circuit, First Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Quicksilver Drops Motion to Reject Midstream Agreements in Connection with Closing of Sale to BlueStone Natural Resources
    2016-04-11

    On April 7, 2016, Quicksilver Resources Inc. ("Quicksilver") announced that it closed the sale of its U.S. assets for $245 million to BlueStone Natural Resources II ("BlueStone") in connection with Quicksilver's bankruptcy cases and pursuant to an Asset Purchase Agreement that was approved by Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court for the District of Delaware in January 2016.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Thomas A. Howley , Jeffrey A. Schlegel , Omar Samji , Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    Australia Announces Bankruptcy Changes—Moves Toward US Position
    2015-12-15

    Although most western legal systems have recognised for some decades the public benefit in rehabilitating failed enterprises, some countries do it better than others. To some extent, this is because of differences in local legislation (sometimes small, but with far-reaching effects), which either shapes, or is shaped by, popular or political attitudes to business failure.

    Filed under:
    Australia, Insolvency & Restructuring, Jones Day, Bankruptcy
    Authors:
    Philip J. Hoser
    Location:
    Australia
    Firm:
    Jones Day
    Texas district court affirms bankruptcy court’s use of claim estimation process
    2015-07-31

    Many companies that file for bankruptcy protection have liabilities that cannot be definitively quantified as of the bankruptcy petition date. Such “unmatured,” “contingent,” “unliquidated,” or “disputed” debts could arise from, among other things: (i) causes of action that are being litigated at the time of a bankruptcy filing but have not resulted in a judgment; or (ii) claims against the company that exist prior to a bankruptcy filing but have not been asserted against the company in litigation or otherwise, let alone liquidated, as of the petition date.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy
    Authors:
    Bryan M. Kotliar
    Location:
    USA
    Firm:
    Jones Day
    Foreign representative lacks standing to assert state-law avoidance claims in chapter 15 case
    2015-03-31

    In Hosking v. TPG Capital Management LP (In re Hellas Telecommunications (Luxemburg) II SCA), 2015 BL 21823 (Bankr. S.D.N.Y. Jan. 29, 2015), the U.S. bankruptcy court presiding over the chapter 15 case of London-based Hellas Telecommunications (Luxemburg) II SCA ("Hellas II"), which formerly owned one of the largest mobile phone operators in Greece, dismissed fraudulent transfer claims asserted by Hellas II's U.K. liquidators against private equity giants TPG Capital Management LP and Apax Partners LLP as well as various affiliates (collectively, the "defendants").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Business Restructuring Review
    2022-04-04

    BUSINESS RESTRUCTURING REVIEW VOL. 21 • NO.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Coronavirus, US Department of Justice, US Congress, SCOTUS
    Location:
    USA
    Firm:
    Jones Day
    New York Bankruptcy Court Rules that Good Faith Is Not the Gatekeeper to Chapter 15
    2021-11-15

    Despite the absence of any explicit directive in the Bankruptcy Code, it is well understood that a debtor must file a chapter 11 petition in good faith. The bankruptcy court can dismiss a bad faith filing "for cause," which has commonly been found to exist in cases where the debtor seeks chapter 11 protection as a tactic to gain an advantage in pending litigation. A ruling recently handed down by the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    U.S. Supreme Court Declines Review of Landmark Tribune Safe Harbor Ruling
    2021-05-21

    On April 19, 2021, the U.S. Supreme Court declined to hear the appeal of a landmark 2019 decision issued by the U.S. Court of Appeals for the Second Circuit regarding the applicability of the Bankruptcy Code's safe harbor for certain securities, commodity, or forward contract payments to prevent the avoidance in bankruptcy of $8.3 billion in payments made to the shareholders of Tribune Co. as part of its 2007 leveraged buyout ("LBO").

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Jones Day, Safe harbor (law), SCOTUS, Second Circuit
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    European Cross-Border Attachment Order Added to Italian Protective Tools for Creditors
    2020-12-16

    Italy has fully integrated the European Account Preservation Order into its procedures alongside existing protective tools available to creditors, who can now also request that their debtors' bank accounts in the European Union be frozen directly by the account bank.

    On October 18, 2020 Italy adapted its civil procedure rules to incorporate the European Account Preservation Order ("EAPO") (introduced by EU Regulation 655/2014, in force since January 2017 ("the Regulation")) as an additional protective measure in favor of creditors.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Francesco Squerzoni
    Location:
    European Union
    Firm:
    Jones Day
    Extracting Value from Leveraged Businesses: The Case of McLaren and its Bondholders
    2020-10-06

    In recent years, market participants have watched with interest from across the Atlantic as U.S. out-of-court liability management and restructuring transactions moved material assets out of the creditors' collateral pools, to enhance liquidity, to raise additional debt or to extend the maturity of existing debt. Many have wondered when these sort of transactions will reach European shores.

    That moment has now arrived.

    INTRODUCTION

    Filed under:
    United Kingdom, USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Jones Day, Private equity, Coronavirus, US Securities and Exchange Commission
    Authors:
    Kay V. Morley , Michael C. Schneidereit
    Location:
    United Kingdom, USA
    Firm:
    Jones Day

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