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    New U.S. Supreme Court rulings
    2010-08-11

    When a bankruptcy court calculates the "projected disposable income" in a repayment plan proposed by an above-median-income chapter 13 debtor, the court may "account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation," the U.S. Supreme Court held in Hamilton v. Lanning on June 7. Writing for the 8-1 majority, Justice Samuel A.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Tax exemption, Bankruptcy, Debtor, Interest, Personal property, Dissenting opinion, Majority opinion, Title 11 of the US Code, Trustee, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Insider’s compensation claim capped at zero under section 502(b)(4)
    2010-08-11

    The Bankruptcy Code treats insiders with increased scrutiny, from longer preference periods to rigorous equitable subordination principles, denial of chapter 7 trustee voting rights, disqualification in some cases of votes on a cram-down chapter 11 plan, and restrictions on postpetition key-employee compensation packages. The treatment of claims by insiders for prebankruptcy services is no exception to this general policy: section 502(b)(4) disallows insider claims for services to the extent the claim exceeds the "reasonable value" of such services.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Legal burden of proof, Good faith, Subsidiary, Chief financial officer, United States bankruptcy court
    Authors:
    David G. Marks
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy studies to be conducted under new financial reform law
    2010-08-11

    President Barack Obama gave his imprimatur to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 on July 21. Relatively few of the provisions in the new law implicate the Bankruptcy Code. However, among other things, the law does call on the Board of Governors of the Federal Reserve System, in consultation with the Administrative Office of the U.S. Courts (the "Administrative Office"), to conduct two bankruptcy-related studies.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jones Day, Bankruptcy, Consumer protection, US Senate, Federal Reserve (USA), US House of Representatives, US House Committee on Financial Services, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    An overview of Chapter 9 of the Bankruptcy Code: municipal debt adjustments
    2010-08-16

    As attention shifts from the global financial crisis of 2008–2009 to the global sovereign crisis that currently is affecting much of Europe, lawmakers are scrambling to create new laws and regulations designed to stave off the next financial crisis.[1] Meanwhile, a different threat quietly has been growing in America's states, cities, towns, municipalities, and other political subdivisions.

    Filed under:
    USA, Insolvency & Restructuring, Public, Jones Day, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Swap (finance), Debt, Foreclosure, Credit default swap, Pension Benefit Guaranty Corporation
    Authors:
    Peter J. Benvenutti , David G. Heiman , Heather Lennox , Lori Sinanyan , Mark K. Sisitsky , Jayant W. Tambe
    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 (China)
    Authors:
    Fuli Cao
    Location:
    USA
    Firm:
    Jones Day
    Rule 2019 update
    2011-01-05

    In the July/August 2010 edition of the Business Restructuring Review (Vol. 9, No. 4), we reported on significant changes to Rule 2019 of the Federal Rules of Bankruptcy Procedure ("Rule 2019") recommended by the Advisory Committee on Bankruptcy Rules (the "Rules Committee").

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy, Interest, Discovery, Hedge funds, Economy, Distressed securities, US House Committee on Rules, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Trademark-licensee limbo in bankruptcy continues
    2010-12-31

    A debtor's decision to assume or reject an executory contract is typically given deferential treatment by bankruptcy courts under a "business judgment" standard. Certain types of nondebtor parties to such contracts, however, have been afforded special protections. For example, in 1988, Congress added section 365(n) to the Bankruptcy Code, granting some intellectual property licensees the right to continued use of licensed property, notwithstanding a debtor's rejection of the underlying license agreement.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Jones Day, Bankruptcy, Debtor, Business judgement rule, US Congress, United States bankruptcy court, Third Circuit
    Authors:
    Christopher M. Healey
    Location:
    USA
    Firm:
    Jones Day
    In re Leslie Controls, Inc.: the Delaware bankruptcy court weighs in on the common-interest doctrine
    2010-12-31

    The "common interest" doctrine allows attorneys representing different clients with aligned legal interests to share information and documents without waiving the work-product doctrine or attorney-client privilege. Issues involving the common-interest doctrine often arise during the course of a business restructuring, because restructurings tend to involve various constituencies, including the company, the official committee of unsecured creditors, secured debt holders, other creditors, and equity holders whose legal interests may be aligned at any one time.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Unsecured debt, Waiver, Interest, Work-product doctrine, Attorney-client privilege, Discovery, Liability (financial accounting), Secured loan, United States bankruptcy court
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    In re Quigley Company, Inc.: New York bankruptcy court denies confirmation of proposed Chapter 11 asbestos plan
    2010-12-31

    The early 2000s witnessed a wave of chapter 11 filings by entities with liability for asbestos personal-injury claims. The large number of filings was matched by the variety of legal strategies that companies pursued to address their asbestos liabilities in chapter 11. The chapter 11 case of Quigley Company, Inc. ("Quigley"), was one of the last large asbestos cases to file in the 2000s and represents one of the more interesting strategies for dealing with asbestos liabilities in chapter 11.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Injunction, Consideration, Liability (financial accounting), Good faith, Parent company, Pfizer, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    The year in bankruptcy: 2010
    2011-02-01

    What should have been the best economic news of 2010 was largely obscured by the deluge of bad news dominating world headlines. The latter included tidings of chronically high unemployment; a continuing malaise in the U.S. housing market; wars in Iraq and Afghanistan; debt crises precipitating the implementation of austerity measures in Britain, Portugal, Italy, Greece, Spain, and Ireland (to name but a few), as well as countless state and local governments in the U.S.; a sharp escalation of food prices worldwide; a deepening U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jones Day, Bankruptcy, Mortgage loan
    Location:
    USA
    Firm:
    Jones Day

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