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
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Sequana: Directors' Duties in a Distressed Landscape
    2023-02-02

    In Short

    The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
    Authors:
    David Harding , Ben Larkin
    Location:
    United Kingdom
    Firm:
    Jones Day
    Key Lessons from UK National Security and Investment Regime's First Year
    2023-01-08

    Since the United Kingdom implemented the National Security and Investment Act in January 2022 ("NSI Regime"), there has been a significant increase in state intervention in, and review of, business transactions in the United Kingdom, including for international transactions involving targets with limited activities in the United Kingdom.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Foreign direct investment, National Security and Investment Act 2021 (UK), Committee on Foreign Investment in the United States
    Location:
    United Kingdom
    Firm:
    Jones Day
    Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlords Entitlement to Adequate Assurance of Future Performance
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. However, the Bankruptcy Code establishes strict requirements for the assumption or assignment of contracts and leases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Fifth Circuit: Bad Faith Does Not Overcome Deferential Business Judgment Standard Applied to Assumption or Rejection of Contracts in Bankruptcy
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. Bankruptcy courts generally apply a deferential "business judgment" standard to the decision of a trustee or DIP to assume or reject an executory contract or an unexpired lease.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Fifth Circuit
    Authors:
    Mark A. Cody , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: The Eleventh Circuit Examines 20-Day Administrative Expense Claims and the Subsequent New Value Preference Defense
    2023-01-31

    The Bankruptcy Code confers "administrative expense" priority status on the claims of vendors for the value of goods that are shipped in the ordinary course of business and received by a debtor within 20 days of filing for bankruptcy. It also provides vendors and other creditors with various defenses to the avoidance of preferential payments received from the debtor during anywhere from 90 days to one year before filing for bankruptcy, depending upon whether the creditor is an "insider" of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Eleventh Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The Year In Bankruptcy: 2022
    2023-01-31

    One year ago, we wrote that, in early 2021, it was widely anticipated that the unprecedented pressure the COVID-19 pandemic brought to bear on the U.S. economy would lead to a boom in corporate bankruptcy filings. That boom never materialized. Instead, business bankruptcy filings in the U.S. plummeted in 2021. That trend continued until the last quarter of 2022.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Employee Retirement Income Security Act 1974 (USA), Supreme Court of the United States
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Sears Holding: A Case Study in Valuing Collateral in Chapter 11
    2023-01-31

    Valuation is a critical and indispensable part of the bankruptcy process. How collateral and other estate assets (and even creditor claims) are valued determines a wide range of issues, from a secured creditor's right to adequate protection, postpetition interest, or relief from the automatic stay to a proposed chapter 11 plan's satisfaction of the "best interests" test or whether a "cramdown" plan can be confirmed despite the objections of dissenting creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress, Supreme Court of the United States
    Authors:
    Mark G. Douglas , Oliver S. Zeltner
    Location:
    USA
    Firm:
    Jones Day
    Acceleration Enforceable Under State Law Following Non-Monetary Control Covenant Default Prevents Reinstatement of Loan Under Chapter 11 Plan
    2023-01-31

    Chapter 11 debtors commonly use plans of reorganization to decelerate defaulted loans and reinstate the obligations according to their original terms as a means of locking in favorable terms in an unfavorable market. In order to do so, the Bankruptcy Code requires that the trustee or chapter 11 debtor-in-possession ("DIP") "cure" any defaults under the loan agreement, other than defaults related to a debtor's financial condition ("ipso facto provisions") or penalties payable due to the debtor's breach of certain non-monetary obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 91
    • Page 92
    • Page 93
    • Page 94
    • Current page 95
    • Page 96
    • Page 97
    • Page 98
    • Page 99
    • …
    • 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