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    Another Bankruptcy Court Joins the Majority Camp on Post-Plan Confirmation Setoff
    2020-08-13

    In In re Rogers Morris, 2020 WL 1321894 (Bankr. N.D. Miss. Mar. 16, 2020), the U.S. Bankruptcy Court for the Northern District of Mississippi contributed to an existing split among the courts by joining the majority view in holding that a creditor may exercise setoff rights after the confirmation of a plan in a bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, SIPP, Title 11 of the US Code
    Authors:
    Mark G. Douglas , Marissa Alfano
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Fifth Circuit Vacates Ruling that Make-Whole Premium Is Disallowed Unmatured Interest but Holds Firm on Bankruptcy Code v. Chapter 11 Plan Impairment
    2020-02-15

    In the July/August 2019 issue of the Business Restructuring Review, we discussed a landmark decision by the U.S. Court of Appeals for the Fifth Circuit in In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019) ("Ultra I").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Fifth Circuit, U.S. Court of Appeals
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Court Denies Creditor's Improper Discovery Request
    2019-09-23

    The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition." However, a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York demonstrates that there are limits to the information that can be discovered in bankruptcy. In In re Cambridge Analytica LLC, 600 B.R. 750 (Bankr. S.D.N.Y.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed UNCITRAL Model Law on Enterprise Group Insolvency
    2019-04-16

    In December 2018, at its 54th session in Vienna, Working Group V (Insolvency Law) of the United Nations Commission on International Trade Law (UNCITRAL) discussed revisions to its Enterprise Group Insolvency: Draft Model Law (the "EGI Model Law") as well as the EGI Model Law’s Guide to Enactment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed Amendments to Chapter 15 of the Bankruptcy Code
    2018-12-20

    On August 20, 2018, the National Bankruptcy Conference (the "NBC") submitted a letter (the "Letter") to representatives of the House Subcommittee on Regulatory Reform and the House Committee on the Judiciary that proposed certain technical and substantive amendments to chapter 15 of the Bankruptcy Code. Chapter 15, which is patterned on the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), was enacted in 2005 and establishes procedures governing cross-border bankruptcy and insolvency proceedings. To date, the Model Law has been enacted by the U.S.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day
    In Brief: U.S. Supreme Court Adopts Deferential Standard of Review on Chapter 11 Insider Status
    2018-04-17

    In U.S. Capital Bank N.A. v. Village at Lakeridge, LLC, 2018 WL 1143822, No. 15-1509 (U.S. Mar. 5, 2018), the U.S. Supreme Court held that an appellate court should apply a deferential standard of review to a bankruptcy court’s decision as to whether a creditor is a "nonstatutory" insider of the debtor for the purpose of determining whether the creditor’s vote in favor of a nonconsensual chapter 11 plan can be counted.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, SCOTUS, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Issues Key Cramdown Interest Rate Ruling
    2017-10-27

    In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 2017 BL 376794 (2d Cir. Oct. 27, 2017) ("Momentive"), the U.S. Court of Appeals for the Second Circuit, in a long-anticipated decision, affirmed a number of lower court rulings on hot-button bankruptcy issues, including allowance (or, in this case, denial) of a claim for a "make-whole" premium and contractual subordination of junior notes.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Second Circuit
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims
    2017-08-11

    Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims asserted against a debtor by equityholders in respect of their equity holdings. However, courts do not always agree on the scope of this provision in attempting to implement its underlying policy objectives. In In re Lehman Brothers Holdings Inc., 2017 WL 1718438 (2d Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Breach of contract, Lehman Brothers, Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Singapore, U.K., Delaware, and New York Courts Adopt Guidelines for Communication and Cooperation Between Courts in Cross-Border Insolvency Matters
    2017-05-31

    On February 1, 2017, the Supreme Court of Singapore and the U.S. Bankruptcy Court for the District of Delaware announced that they had formally implemented Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters (the "Guidelines"). The U.S. Bankruptcy Court for the Southern District of New York adopted the Guidelines on February 17, 2017.

    Filed under:
    Singapore, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Stakeholder (corporate), Liquidator (law), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Corinne Ball , Sushma Jobanputra , Ben Larkin
    Location:
    Singapore, United Kingdom, USA
    Firm:
    Jones Day
    Chesapeake Energy Court Adopts the Narrow View of Section 316(b) of the TIA
    2017-02-16

    On February 8, 2017, the U.S. District Court for the Western District of Oklahoma dismissed the class action lawsuit brought by unsecured bondholders of Chesapeake Energy Corporation ("Chesapeake"), adopting the so-called narrow reading of Section 316(b) of the Trust Indenture Act of 1939 ("TIA").[1]

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Bruce Bennett , Sidney P. Levinson , Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day

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