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    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
    Sovereign debt update - November/December 2014
    2014-12-01

    On September 26, 2014, the United Nations Human Rights Council passed a resolution (A/HRC/27/L.26) condemning "vulture funds" like Argentina's holdout bondholders "for the direct negative effect that the debt repayment to those funds, under predatory conditions, has on the capacity of Governments to fulfill their human rights obligations, particularly economic, social and cultural rights and the right to development." Among other things, the resolution expresses concern regarding "the voluntary nature of international debt relief schemes which has created opportunities

    Filed under:
    Argentina, Global, USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Debt relief
    Authors:
    Mark G. Douglas
    Location:
    Argentina, Global, USA
    Firm:
    Jones Day
    From the top
    2015-02-03

    In its first bankruptcy decision of 2014 (October Term, 2013), the U.S. Supreme Court held on March 4, 2014, in Law v. Siegel, 134 S. Ct. 1188 (2014), that a bankruptcy court cannot impose a surcharge on exempt property due to a chapter 7 debtor’s misconduct. In reversing a ruling by the Ninth Circuit, Law v. Siegel (In re Law), 2011 BL 148411 (9th Cir. June 6, 2011), cert. granted, 133 S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal Insurance Contributions Act tax, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    In brief: enforceability of waivers of the automatic stay
    2014-12-01

    An article appearing in the July/August 2014 issue of the Business Restructuring Review discusses a ruling by an Oregon bankruptcy court that held unenforceable a negative covenant in a limited liability company's operating agreement prohibiting the company from filing a bankruptcy petition, among other actions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit rules that equitable mootness applies in chapter 11 liquidations as well as reorganizations
    2015-02-03

    In Beeman v. BGI Creditors’ Liquidating Trust (In re BGI, Inc.), 772 F.3d 102 (2d Cir. 2014), the U.S. Court of Appeals for the Second Circuit considered whether the doctrine of “equitable mootness” applied to the appeal of a confirmation order approving a liquidating chapter 11 plan. In a matter of first impression, the court ruled that the standards governing equitable mootness in an appeal of an order confirming a chapter 1 1 plan of reorganization also apply in the context of a chapter 11 liquidation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal Reporter, Second Circuit
    Authors:
    Timothy Hoffmann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    DIP lender's knowledge of adverse claim to collateral scuttles mootness bar to appeal of financing order based on "good faith"
    2014-12-01

    The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in "good faith," a concept that is not defined in the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jones Day, Collateral (finance), Good faith, Fifth Circuit
    Authors:
    Thomas A. Howley , Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Notable exits from bankruptcy in 2014
    2015-02-03

    Click here to view table.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    Euroresource - deals and debt - November 2014
    2014-11-24

    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, France, Italy, Netherlands, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, Jones Day, Debt
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, France, Italy, Netherlands
    Firm:
    Jones Day
    Court rules that trademark licensees are protected by section 365(n) and that licensees’ rights cannot be extinguished by sale free and clear absent consent
    2015-02-03

    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:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Nine lessons from Detroit's chapter 9 case
    2014-11-20

    On November 7, 2014, Judge Steven Rhodes, the judge presiding over the City of Detroit's bankruptcy case, announced that he would confirm the City's proposed Plan of Adjustment (the "Plan"), including the creditor settlements contained within that Plan. A more detailed written opinion will follow, but the opinion read from the bench on November 7, together with an earlier opinion in this case, are among the most important precedents in U.S. municipal bankruptcy law.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Public, Jones Day, Bankruptcy
    Authors:
    Bruce Bennett , Heather Lennox , Corinne Ball
    Location:
    USA
    Firm:
    Jones Day

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