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    Seller beware: yet another cautionary tale for distressed-debt traders
    2008-08-01

    Participants in the multibillion-dollar market for distressed claims and securities had ample reason to keep a watchful eye on developments in the bankruptcy courts during each of the last three years. Controversial rulings handed down in 2005 and 2006 by the bankruptcy court overseeing the chapter 11 cases of failed energy broker Enron Corporation and its affiliates had traders scrambling for cover due to the potential that acquired claims/debt could be equitably subordinated or even disallowed, based upon the seller’s misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Conflict of laws, Collateral (finance), Security (finance), Debt, Writ, Subsidiary, Malpractice, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    German Federal Supreme Court decides on set-aside of global assignment of trade receivables
    2008-01-17

    In a judgment of November 29, 2007 that is of particular interest to financial institutions involved in asset-based lending, the German Federal Supreme Court (Bundesgerichtshof) allayed concerns that a global assignment (Globalzession)—the assignment of all existing and future trade receivables to a lender to secure loans—would not survive the insolvency of the respective originator.[1] This decision was eagerly awaited because various judgments of German Higher Regional Courts (Oberlandesgerichte) had raised concerns lately that the security interest over receivables created in the last th

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Jones Day, Collateral (finance), Accounts receivable, Liability (financial accounting), Secured loan, Federal Supreme Court of Switzerland
    Location:
    Germany
    Firm:
    Jones Day
    Avoiding forfeiture of estate causes of action triggered by conversion to chapter 7
    2007-05-31

    The ability to borrow money during the course of a bankruptcy case is an important tool available to a chapter 11 debtor-in-possession (“DIP”). Often times, the debtor’s most logical choice for a lender is one with an existing pre-bankruptcy relationship with the debtor. As a condition to making new loans, however, lenders commonly require the debtor to waive its right to pursue avoidance or lender liability actions against the lender based upon pre-bankruptcy events.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Waiver, Statute of limitations, Liability (financial accounting), Liquidation, United States bankruptcy court, Tenth Circuit, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Proposed Bankruptcy Rule and Official Form changes
    2014-10-01

    The Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal Rules have proposed amendments to their respective rules and forms and have requested that the proposals be circulated to the bench, bar, and public for comment. The public comment period closes on Tuesday, February 17, 2015, at 11:59 p.m.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Uniform Voidable Transactions Act approved by Uniform Law Commission to replace UFTA
    2014-10-01

    On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the "UFTA"), which is currently in force in 43 states (all states except Alaska, Kentucky, Louisiana, Maryland, New York, South Carolina, and Virginia).

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Debtor
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Legislative/regulatory developments
    2015-02-03

    Global—On August 29, 2014, the International Capital MarketAssociation (“ICMA”), a group of banks and investors,announced a proposal designed to reduce the ability of holdoutbondholders to undermine sovereign debt restructurings. The plan was created after meetings convened by the U.S. Treasury Department in the aftermath of Greece’s debt restructuring and came on the heels of Argentina’s second default on its sovereign debt in 13 years.

    Filed under:
    Global, USA, Insolvency & Restructuring, Jones Day
    Location:
    Global, USA
    Firm:
    Jones Day
    Questioning the executoriness of trademark licenses in integrated agreements
    2014-10-01

    Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a trademark licensee faces a great deal of uncertainty concerning its ability to continue using a licensed trademark if the licensor files for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Top 10 bankruptcies of 2014
    2015-02-03

    The composition of the Top 10 List of public bankruptcy filings for 2014 indicates that the U.S. has largely left behind the fraud, excess, abuse, and improvidence that dominated the bankruptcy landscape during the 2007–08 financial crisis and the ensuing Great Recession. Continuing a trend that began in 2012, only a single representative from the banking and financial services industry made the cut.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Fracking, Bankruptcy, Electricity
    Location:
    USA
    Firm:
    Jones Day
    Sovereign debt update - September/October 2014
    2014-10-01

    Argentina—The long-running dispute over the payment of Argentina’s sovereign debt has been particularly active in recent weeks and months.

    Events Leading Up to Argentina's Default

    Filed under:
    Argentina, Puerto Rico, USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Litigation, Public, Jones Day, Bond (finance)
    Authors:
    Mark G. Douglas
    Location:
    Argentina, Puerto Rico, USA
    Firm:
    Jones Day
    The year in bankruptcy: 2014
    2015-02-03

    Compared to much of the rest of the world, the United States had the most positive economic, business, and financial news in 2014.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Economic development
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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