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    Provider preparedness in the wake of CoOportunity health's liquidation
    2015-03-18

    On March 2, 2015, the Iowa District Court for Polk County entered a Final Order of Liquidation against CoOportunity Health, Inc. ("CoOportunity") after previously placing CoOportunity under a rehabilitation order. 

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Jones Day, Liquidation
    Location:
    USA
    Firm:
    Jones Day
    Voter's remorse: taking back an acceptance or rejection of a chapter 11 plan
    2014-12-01

    After a creditor or equity security holder casts its vote to accept or reject a chapter 11 plan, the vote can be changed or withdrawn "for cause shown" in accordance with Rule 3018(a) of the Federal Rules of Bankruptcy Procedure ("Rule 3018(a)"). However, "cause" is not defined in Rule 3018(a), and relatively few courts have addressed the meaning of the term in this context in reported decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Charles M. Oellermann , 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
    Bankruptcy sales: the stalking horse
    2015-03-16

    Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser, but they also present a number of potential impediments, particularly to purchasers who are not familiar with the bankruptcy sale process.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    Better late than never: claims filed years late did not waive subordination agreement priorities or warrant equitable subordination
    2014-12-01

    The Bankruptcy Code dictates the priority of distributions to the holders of allowed secured and unsecured claims in accordance with various statutory priority schemes. However, the Bankruptcy Code also provides that consensual pre-bankruptcy agreements between or among creditors that prioritize the right to receive payments from an obligor will generally be enforced in a bankruptcy case subsequently filed by the obligor.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Waiver
    Location:
    USA
    Firm:
    Jones Day
    Euroresource—deals and debt - February 2015
    2015-02-27

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    Global, Netherlands, Insolvency & Restructuring, Litigation, Jones Day, Injunction, Debt, High Court of Justice
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Global, Netherlands
    Firm:
    Jones Day
    New Chilean insolvency law promotes reorganizations
    2014-12-01

    A new insolvency law was approved by the Chilean Congress at the end of 2013 and became effective in October 2014. The legislation substantially overhauls Chile's prior insolvency law, particularly with respect to business insolvency cases. It incorporates a number of provisions that permit the reorganization of financially troubled businesses, with a view toward preserving enterprise value and jobs, as well as expediting and enhancing creditor recoveries. The new law represents a marked departure from the previous regime, which was focused on the liquidation of debtors' assets.

    Filed under:
    Insolvency & Restructuring, Jones Day, Debtor
    Authors:
    Mark G. Douglas
    Location:
    Chile
    Firm:
    Jones Day
    Opportunities in oil financing and investment: meeting the industry's capital needs in challenging times
    2015-02-10

    Reduced Liquidity—How Will Oil Companies Feel the Pinch?

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Jones Day, Hedge funds
    Authors:
    Omar Samji
    Location:
    USA
    Firm:
    Jones Day
    European perspective in brief - November/December 2014
    2014-12-01

    Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 28 countries that comprise the European Union, as well as the collective viability of eurozone economies. Here we provide a snapshot of some recent developments regarding insolvency, restructuring, and related issues in the EU.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    European Union, Netherlands
    Firm:
    Jones Day
    Notable business bankruptcy decisions of 2014
    2015-02-03

    NOTABLE BUSINESS BANKRUPTCY DECISIONS OF 2014

    ALLOWANCE/DISALLOWANCE/PRIORITY/DISCHARGE OF CLAIMS

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Debtor, Title 11 of the US Code, US District Court for SDNY
    Location:
    USA
    Firm:
    Jones Day

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