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    Euroresource—deals and debt - January 2015
    2015-01-30

    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:
    Argentina, Canada, European Union, Global, Luxembourg, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, Canada, European Union, Global, Luxembourg, United Kingdom, USA
    Firm:
    Jones Day
    Taking a stand where few have trodden: structured dismissal held clearly authorized by the Bankruptcy Code
    2014-10-01

    A "structured dismissal" of a chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common as a way to minimize cost and maximize creditor recoveries. However, only a handful of rulings have been issued on the subject, perhaps because bankruptcy courts are unclear as to whether the Bankruptcy Code authorizes the remedy. A Texas bankruptcy court recently added to this slim body of jurisprudence. InIn re Buffet Partners, L.P., 2014 BL 207602 (Bankr. N.D. Tex.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Puerto Rico's public corporation debt restructuring law ruled unconstitutional
    2015-03-27

    The Commonwealth of Puerto Rico's efforts to deal with more than $70 billion in debt have been a magnet for media scrutiny during the last two years. A question frequently asked in connection with the island territory's struggles to stay afloat is whether Puerto Rico, as an unincorporated territory of the U.S., could resort to a bankruptcy filing as a means of alleviating its financial problems. 

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Public, Jones Day, Debt, Constitutionality
    Authors:
    Scott J Greenberg , Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day
    Risk and opportunity amid falling oil prices
    2014-12-02

    The mainstream media have been trying to predict, on almost a daily basis, the causes of, and the winners and losers (mostly focused on the latter category) resulting from, the current volatility in oil and gas prices.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Market liquidity
    Authors:
    Thomas A. Howley , Omar Samji , Jeffrey A. Schlegel , Jonathan M. Fisher , Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    European perspective in brief - October 2014
    2014-10-01

    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, Portugal, Spain, Banking, Insolvency & Restructuring, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    European Union, Portugal, Spain
    Firm:
    Jones Day
    Securities law considerations in cross-border restructurings
    2015-03-25

    Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the U.S. Securities Act of 1933 ("Securities Act"). 

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Jones Day, Security (finance)
    Authors:
    Pedro A. Jimenez
    Location:
    USA
    Firm:
    Jones Day
    In search of the meaning of "unreasonably small capital" in constructively fraudulent transfer avoidance litigation
    2014-12-02

    The meaning of "unreasonably small capital" in the context of constructively fraudulent transfer avoidance litigation is not spelled out in the Bankruptcy Code. As a result, bankruptcy courts have been called upon to fashion their own definitions of the term. Nonetheless, the courts that have considered the issue have mostly settled on some general concepts in fashioning such a definition. In Whyte ex rel. SemGroup Litig. Trust v. Ritchie SG Holdings, LLC (In re SemCrude, LP), 2014 BL 272343 (D. Del. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    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
    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

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