Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    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:
    Jonathan M. Fisher , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
    2016-04-01

    One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of stakeholders of which no class has given approval. However, it is sometimes an invitation to creative machinations designed to muster the requisite votes for confirmation of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Sixth Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Southern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
    2016-03-22

    Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United States. However, a U.S. bankruptcy court judge in the same district recently reached the opposite conclusion in Weisfelner v. Blavatnik (In re Lyondell), 543 B.R. 127 (Bankr. S.D.N.Y. 2016). In Lyondell, bankruptcy judge Robert E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, Debtor, Extraterritoriality, National Australia Bank, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Justin Morgan , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Judge Authorizes Rejection of Gas Gathering Agreements
    2016-03-11

    On Tuesday, March 8, 2016, U.S. Bankruptcy Judge Shelley C. Chapman in New York permitted Sabine Oil & Gas Corporation to reject three gas gathering and handling agreements with Nordheim Eagle Ford Gathering, LLC and HPIP Gonzales Holdings, LLC. All of the agreements are governed by Texas law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy
    Authors:
    Jeffrey A. Schlegel , Paul M. Green , Alexandra L. Wilde , Kathrine A. Oldham
    Location:
    USA
    Firm:
    Jones Day
    Notable Business Bankruptcy Rulings of 2016
    2016-02-16

    Allowance of Claims—Make-Whole Premiums

    Filed under:
    USA, New York, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Jones Day, Second Circuit, Delaware Supreme Court, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Jones Day
    Energy Future Holdings Loses Round Three in Fight Over Liability for Make-Whole Premiums
    2016-02-16

    On November 17, 2016, the Third Circuit Court of Appeals issued a highly anticipated ruling in the chapter 11 reorganization of Energy Future Holdings Corp. ("EFH"), invalidating one of the aspects of EFH’s confirmed chapter 11 plan. InDel. Tr. Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.), 842 F.3d 247 (3d Cir. 2016), a three-judge panel of the Third Circuit reversed lower court rulings disallowing the claims of EFH’s noteholders for hundreds of millions of dollars in make-whole premiums allegedly due under their indentures.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Delaware Supreme Court, Third Circuit
    Authors:
    Bruce Bennett , Mark G. Douglas , Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Split Continues Over Unsecured Creditors’ Right to Postpetition Attorney’s Fees
    2016-02-01

    In Travelers Cas. & Sur. Co. of America v. Pacific Gas and Elec. Co., 549 U.S. 443 (2007), the U.S. Supreme Court rejected the Ninth Circuit’s long-standing Fobian rule disallowing claims against a bankruptcy estate for attorney’s fees arising from litigating issues that are “peculiar to federal bankruptcy law,” rather than basic contract enforcement. In so ruling, the Court recognized the presumption that “claims enforceable under applicable state law will be allowed in bankruptcy unless they are expressly disallowed.”

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Notable Plan Confirmations or Exits From Bankruptcy in 2015
    2016-02-01

    Click here to view table.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    First-Instance Transaction May Qualify for “Ordinary Course of Business” Preference Defense
    2016-02-01

    Section 547(c)(2) of the Bankruptcy Code excepts from the trustee’s power to avoid preferential transfers any transaction in which the debtor transfers property to a creditor in the “ordinary course of business.” Exactly what constitutes “ordinary course of business,” however, is not a settled question of law. In Jubber v. SMC Electrical Products (In re C.W. Mining Co.), 798 F.3d 983 (10th Cir. 2015), the U.S. Court of Appeals for the Tenth Circuit considered whether a first-time transaction between a debtor and a creditor can satisfy the ordinary course exception.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Debtor
    Authors:
    Jonathan Noble Edel
    Location:
    USA
    Firm:
    Jones Day
    Foreign Debtor With U.S. Dollar-Denominated Debt Eligible for Chapter 15
    2016-02-01

    In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor “under this title” to have a domicile, a place of business, or property in the U.S., applies in cases under chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Second Circuit
    Authors:
    Veerle Roovers , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 59
    • Page 60
    • Page 61
    • Page 62
    • Current page 63
    • Page 64
    • Page 65
    • Page 66
    • Page 67
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days