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    Bankruptcy Court Lacks Power to Substantively Consolidate Nondebtor, Nonprofit Entities With Archdiocese Debtor
    2018-08-16

    In the wake of scandal-driven bankruptcies filed by nearly 20 U.S. Roman Catholic dioceses and religious orders, scrutiny has been increasingly brought to bear on the benefits and burdens that federal bankruptcy laws offer to eleemosynary (nonprofit) corporations. Nonprofits seek bankruptcy protection for a variety of reasons.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In Brief: First Circuit Rules That Section 1109(b) of the Bankruptcy Code Creates an Unconditional Right to Intervene in an Adversary Proceeding
    2017-11-24

    In Assured Guaranty Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico, 872 F.3d 57 (1st Cir. 2017), the U.S. Court of Appeals for the First Circuit ruled that section 1109(b) of the Bankruptcy Code gave an unsecured creditors’ committee an "unconditional right to intervene," within the meaning of Fed. R. Civ. P. 24(a)(1), in an adversary proceeding commenced during the course of a bankruptcy case.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, First Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    ECJ: Transfer of Undertaking Rules Apply in Case of Pre-Packaged Bankruptcy
    2017-09-26

    The case deals with the pre-pack of Estro, at the time the largest childcare provider in the Netherlands.

    A pre-pack entails the court-appointed trustee confidentially preparing for the restart of trading by the insolvent company with the court's consent. If successful, the company is subsequently declared bankrupt and immediately restarted. Dutch law provides that transfer of undertaking rules do not apply in the case of bankruptcy.

    Filed under:
    Netherlands, Employment & Labor, Insolvency & Restructuring, Jones Day, Court of Justice of the European Union
    Location:
    Netherlands
    Firm:
    Jones Day
    House Passes Legislation Allowing Financial Institutions to Seek Chapter 11 Protection
    2017-06-12

    On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 ("FIBA") and the Financial CHOICE Act of 2017) that would allow financial institutions to seek protection under Chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jones Day, Unsecured debt, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, US House of Representatives
    Authors:
    Kevyn D. Orr , Dan T. Moss , Anna M. Wetzel
    Location:
    USA
    Firm:
    Jones Day
    Tribune 2: No Actual Fraud Imputation in Avoidance Litigation Absent Control by Corporate Actors
    2017-04-13

    With its landmark ruling in Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016) ("Tribune 1"), the U.S. Court of Appeals for the Second Circuit held that claims asserted by creditors of the Tribune Co. ("Tribune") seeking to avoid payments to shareholders during a 2007 leveraged buyout ("LBO") as constructive fraudulent transfers were preempted by the "safe harbor" under section 546(e) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Shareholder, Fraud, Second Circuit
    Authors:
    Mark G. Douglas , Aaron M. Gober-Sims
    Location:
    USA
    Firm:
    Jones Day
    The Year in Bankruptcy: 2016
    2017-01-26

    The watchword for 2016 in much of the world was "upheaval." Two unanticipated events dominated the political, business, and financial headlines of 2016, at least in Europe and the Americas: the Brexit referendum result and the election of Donald J .Trump as the 45th President of the United States. The refugee crisis, the commodities meltdown, Brazil’s economic collapse, China’s growing pains, Russian belligerency and alleged cyber-meddling in the U.S. election, the war on terrorism, and the beginning of the end of the bloody Syrian civil war seemed to pale by comparison.

    Filed under:
    Global, Insolvency & Restructuring, Jones Day
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    Global
    Firm:
    Jones Day
    Legislative Update - July/August 2016
    2016-08-08

    On June 30, 2016, President Obama gave his imprimatur to the Puerto Rico Oversight, Management, and Economic Stability Act, Pub. L. No. 114-187 (2016) (“PROMESA”) (H.R. 5278 and S. 2328).

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day
    Energy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums
    2016-04-01

    In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the noteholders’ claims for make-whole premiums allegedly due under their note indentures. The forum in this hotly contested and long-running dispute has now moved to the Third Circuit Court of Appeals.

    Enforceability of Make-Whole Premiums in Bankruptcy

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Funds earmarked by section 363 purchaser to pay creditors need not be distributed in accordance with Bankruptcy Code’s priority scheme
    2015-11-17

    A ruling recently handed down by the U.S. Court of Appeals for the Third Circuit may provide significant flexibility to debtors in that circuit who are implementing sales of substantially all of their assets. In In re LCI Holding Company, Inc., 2015 BL 295784 (3d Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Unsecured debt, Title 11 of the US Code, Third Circuit
    Authors:
    Timothy Hoffmann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Wellness International: U.S. Supreme Court rules that bankruptcy courts may adjudicate “Stern claims” with litigants’ consent
    2015-07-31

    "In Wellness Int’l Network, Ltd. v. Sharif, ___ U.S. ___, 135 S. Ct. 1932 (2015), a divided U.S. Supreme Court resolved the circuit split regarding whether a bankruptcy court may, with the consent of the litigants, adjudicate a claim that, though statutorily denominated as “core,” is not otherwise constitutionally determinable by a bankruptcy judge. The majority held that so long as consent—whether express or implied—is “knowing and voluntary,” Article III of the U.S. Constitution is not violated by a bankruptcy court’s adjudication of such a claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Article III US Constitution, United States bankruptcy court
    Authors:
    Jane Rue Wittstein
    Location:
    USA
    Firm:
    Jones Day

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