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    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
    The Year in Bankruptcy: 2021
    2022-01-14

    One year ago, we wrote that, unlike in 2019, when the large business bankruptcy landscape was generally shaped by economic, market, and leverage factors, the COVID-19 pandemic dominated the narrative in 2020. The pandemic may not have been responsible for every reversal of corporate fortune in 2020, but it weighed heavily on the scale, particularly for companies in the energy, retail, restaurant, entertainment, health care, travel, and hospitality industries.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Private equity, Supply chain, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Milestone in Cross-Border Insolvency: A Successful Application Under the Pilot Measure from Hong Kong to Mainland China
    2021-09-23

    In Short

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Dan T. Moss
    Location:
    China, Hong Kong
    Firm:
    Jones Day
    A Multifaceted Maze: The FCA's Role and Powers in Distressed Situations
    2021-03-12

    WHITE PAPER A Multifaceted Maze: The FCA’s Role and Powers in Distressed Situations The last five years have seen a substantial increase in the number and variety of regulated firms operating in the United Kingdom, with the development in particular of financial services provided by new technology firms, asset managers, challenger banks, payment providers and e-money issuers. At the same time, an increasing number of UK Financial Conduct Authority (“FCA”) regulated firms have entered into insolvency proceedings.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Jones Day, Coronavirus, Financial Conduct Authority (UK)
    Location:
    United Kingdom
    Firm:
    Jones Day
    Selecta Determination Provides Further Guidance on Chapter 15 and Bankruptcy Credit Events
    2020-10-20

    The EMEA Determinations Committee's recent bankruptcy determination involving Selecta CDS provides additional insight on the types of chapter 15 filings that are likely to trigger Credit Events.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Title 11 of the US Code
    Authors:
    Corinne Ball , Kay V. Morley , Bruce Bennett , Heather Lennox
    Location:
    USA
    Firm:
    Jones Day
    Another Bankruptcy Court Joins the Majority Camp on Post-Plan Confirmation Setoff
    2020-08-13

    In In re Rogers Morris, 2020 WL 1321894 (Bankr. N.D. Miss. Mar. 16, 2020), the U.S. Bankruptcy Court for the Northern District of Mississippi contributed to an existing split among the courts by joining the majority view in holding that a creditor may exercise setoff rights after the confirmation of a plan in a bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, SIPP, Title 11 of the US Code
    Authors:
    Mark G. Douglas , Marissa Alfano
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Fifth Circuit Vacates Ruling that Make-Whole Premium Is Disallowed Unmatured Interest but Holds Firm on Bankruptcy Code v. Chapter 11 Plan Impairment
    2020-02-15

    In the July/August 2019 issue of the Business Restructuring Review, we discussed a landmark decision by the U.S. Court of Appeals for the Fifth Circuit in In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019) ("Ultra I").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Fifth Circuit, U.S. Court of Appeals
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Court Denies Creditor's Improper Discovery Request
    2019-09-23

    The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition." However, a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York demonstrates that there are limits to the information that can be discovered in bankruptcy. In In re Cambridge Analytica LLC, 600 B.R. 750 (Bankr. S.D.N.Y.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed UNCITRAL Model Law on Enterprise Group Insolvency
    2019-04-16

    In December 2018, at its 54th session in Vienna, Working Group V (Insolvency Law) of the United Nations Commission on International Trade Law (UNCITRAL) discussed revisions to its Enterprise Group Insolvency: Draft Model Law (the "EGI Model Law") as well as the EGI Model Law’s Guide to Enactment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed Amendments to Chapter 15 of the Bankruptcy Code
    2018-12-20

    On August 20, 2018, the National Bankruptcy Conference (the "NBC") submitted a letter (the "Letter") to representatives of the House Subcommittee on Regulatory Reform and the House Committee on the Judiciary that proposed certain technical and substantive amendments to chapter 15 of the Bankruptcy Code. Chapter 15, which is patterned on the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), was enacted in 2005 and establishes procedures governing cross-border bankruptcy and insolvency proceedings. To date, the Model Law has been enacted by the U.S.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day

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