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    Comity extended to order entered in foreign insolvency proceeding enjoining actions against affiliates of foreign debtor
    2012-06-12

    Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York held inCT Investment v. Carbonell and Grupo Costamex, 2012 WL 92359 (S.D.N.Y. Jan. 11, 2012), that comity should be extended to an order issued by a Mexican district court overseeing the Mexican bankruptcy proceeding (concurso mercantil) of Cozumel Caribe S.A. de C.V. (“Cozumel Caribe”) under Mexico’s Ley de Concursos Mercantiles (the “Mexican Business Bankruptcy Act”). In so holding, Judge Sweet stayed the U.S.

    Filed under:
    Mexico, USA, Insolvency & Restructuring, Litigation, Jones Day, Comity, US District Court for SDNY
    Authors:
    Mark G. Douglas
    Location:
    Mexico, USA
    Firm:
    Jones Day
    The U.S. federal judiciary
    2011-12-06

    U.S. federal courts have frequently been referred to as the “guardians of the Constitution.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    DCF analysis: a “commercially reasonable determinant” of value for liquidation of mortgage loans in repo transaction
    2011-08-10

    In a case of first impression, the Third Circuit Court of Appeals in In re American Home Mortg. Holdings, Inc., 637 F.3d 246 (3d Cir. 2011), held that, for purposes of section 562 of the Bankruptcy Code, a discounted cash flow analysis was a “commercially reasonable determinant” of value for the liquidation of mortgage loans in a repurchase transaction.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Security (finance), Interest, Mortgage loan, Liquidation, Cashflow, Mortgage-backed security, Discounted cash flow, Title 11 of the US Code, Third Circuit
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day
    Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims
    2011-04-13

    When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "pay/paid/pays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Unsecured debt, Interest, Debt, Tax deduction, Default (finance), Leverage (finance), Bankruptcy discharge, Second Circuit
    Location:
    USA
    Firm:
    Jones Day
    Distressed M&A: swap of debt for equity in an insolvent company to be simplified by a new law on the facilitation of the reorganization of enterprises
    2010-11-08

    As part of an intended comprehensive amendment of German insolvency law, the German Federal Ministry of Justice has prepared a draft of a new law to facilitate the reorganization of enterprises (“Reorganization Facilitation Act”). The new law will curtail the rights of shareholders of insolvent companies and allow capital measures and other corporate measures to be taken in the insolvency of a company without the participation of the shareholders. The new regulation is of interest to investors because it will significantly simplify the purchase of the shares of an insolvent company.

    Filed under:
    Germany, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Share (finance), Shareholder, Fiduciary, Swap (finance), Consideration, Debt, Liability (financial accounting), Subscription business model, Balance sheet
    Authors:
    Dr. Volker Kammel
    Location:
    Germany
    Firm:
    Jones Day
    Less stringent standard applies to rejection of collective bargaining agreements by municipalities in bankruptcy
    2009-04-20

    The devastating consequences of an enduring global recession for businesses and individuals alike have been writ large in headlines worldwide, as governments around the globe scramble to implement assistance programs designed to jumpstart stalled economies. Less visible amid the carnage wrought among the financial institutions, automakers, airlines, retailers, newspapers, homebuilders, homeowners, and suddenly laid-off workers is the plight of the nation's cities, towns, and other municipalities.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Public, Jones Day, Bond (finance), Bankruptcy, Debtor, Security (finance), Debt, Mortgage loan, Foreclosure, Collective bargaining, Balance sheet, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Petition rather than transfer date valuation of collateral appropriate in determining secured creditor's preference liability
    2008-04-22

    Valuation is a critical and indispensable part of the bankruptcy process. How collateral and other estate assets (and even creditor claims) are valued will determine a wide range of issues, from a secured creditor’s right to adequate protection, post-petition interest, or relief from the automatic stay to a proposed chapter 11 plan’s satisfaction of the “best interests” test or whether a “cram-down” plan can be confirmed despite the objections of dissenting creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Retail, Collateral (finance), Interest, Liability (financial accounting), Liquidation, Secured creditor, Valuation (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Enron redux: round two goes to claims purchasers/traders
    2007-10-01

    In previous editions of the Business Restructuring Review, we reported on a pair of highly controversial rulings handed down in late 2005 and early 2006 by the New York bankruptcy court overseeing the chapter 11 cases of embattled energy broker Enron Corporation and its affiliates. In the first, Bankruptcy Judge Arthur J. Gonzalez held that a claim is subject to equitable subordination under section 510(c) of the Bankruptcy Code even if it is assigned to a third-party transferee who was not involved in any misconduct committed by the original holder of the debt.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Security (finance), Fraud, Fiduciary, Common law, Asset forfeiture, Title 11 of the US Code, Citibank, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Business restructuring review: the year in bankruptcy: 2006
    2007-02-01

    In light of the continued favorable business climate and ample liquidity in the U.S., the falloff in business bankruptcy filings in 2006 should come as no big surprise. Unlike 2005, which added three new stars to the all-time hit parade of chapter 11 “mega” cases, 2006 saw no new additions to the Top 10 list for public-company chapter 11 filings. Overall, the number of business bankruptcy filings dropped 20 percent in fiscal year 2006, the fifth straight year a decline was reported, according to statistics released by the Administrative Office of the U.S. Courts in October of 2006.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Public company, Bankruptcy, Debt, Subsidiary, Title 11 of the US Code, Ford Motor Company
    Location:
    USA
    Firm:
    Jones Day
    Delaware court finds "cause" to limit credit-bid to facilitate bankruptcy auction
    2014-03-31

    In In re Fisker Automotive Holdings, Inc., 2014 BL 13998 (Bankr. D. Del. Jan. 17, 2014), leave to app. denied, 2014 BL 33749 (D. Del. Feb. 7, 2014), certification denied, 2014 BL 37766 (D. Del. Feb. 12, 2014), a Delaware bankruptcy court limited a creditor's ability to credit bid its debt in connection with the sale of a hybrid car manufacturer's assets.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Collateral (finance), Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day

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