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    New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
    2016-09-27

    On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a lower court decision, consistent with the overwhelming majority of federal court decisions, that the common interest doctrine under New York law is not limited to communications made in connection with pending or reasonably anticipated litigation.

    Filed under:
    USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Legal Practice, Litigation, Jones Day, Bankruptcy, US District Court for SDNY
    Authors:
    Aaron M. Gober-Sims
    Location:
    USA
    Firm:
    Jones Day
    Sovereign Debt Update - May/June 2016
    2016-06-01

    The Republic of Argentina returned to global debt markets after a 15-year absence on April 19, 2016, when it sold $16 billion in bonds to fund a series of landmark settlements reached earlier this year with holdout bondholders from the South American nation’s 2005 and 2010 debt restructurings. This latest development in the more than decade-long battle between Argentina and the holdouts—led by hedge funds Aurelius Capital Master Ltd. (“Aurelius”) and NML Capital Ltd.

    Filed under:
    Argentina, USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Injunction, Debt, Default (finance)
    Authors:
    Mark G. Douglas
    Location:
    Argentina, USA
    Firm:
    Jones Day
    Notable Plan Confirmations or Exits From Bankruptcy in 2015
    2016-02-01

    Click here to view table.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    Energy Future redux: no automatic stay relief to decelerate notes and collect make-whole premiums
    2015-10-01

    In Del. Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.), 527 B.R. 178 (Bankr. D. Del. 2015), the bankruptcy court ruled that, even though a chapter 11 debtor repaid certain bonds prior to maturity, a "make-whole" premium was not payable under the plain terms of the bond indenture because automatic acceleration of the debt triggered by the debtor's chapter 11 filing was not a "voluntary" repayment.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, Debtor, US District Court for SDNY
    Authors:
    Jonathan M. Fisher , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    No decision from Eighth Circuit on validity of Ponzi scheme presumption
    2015-05-28

    In Ritchie Capital Mgmt., LLC v. Stoebner, 779 F.3d 857 (8th Cir. 2015), the U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court’s decision that transfers of trademark patents were avoidable under section 548(a)(1)(A) of the Bankruptcy Code and Minnesota state law because they were made with the intent to defraud creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Fraud, Federal Reporter, Eighth Circuit
    Authors:
    Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    Delaware Court Holds Rejection Eliminates Non-Debtor's Exclusive Right to Provide Services to the Debtor
    2022-01-14

    Nine Point Energy Holdings, Inc. and its affiliates (collectively, "Nine Point" or "Nine Point debtors") constituted an oil and gas production and exploration company that sought to reorganize in chapter 11 through a going concern sale of substantially all of their assets. To maximize value, Nine Point sought to sell those assets free and clear of its midstream services contracts, which included provisions that prevented Nine Point from acquiring midstream services from anyone other than its counterparty, Caliber North Dakota, LLC ("Caliber").

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Jones Day, SCOTUS
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Holds That Certain Private Student Loans May Be Dischargeable Under Section 523(a)(8)(A)(ii)
    2021-08-25

    The Situation: In Homaidan v. Sallie Mae, Inc., et al., the U.S. Court of Appeals for the Second Circuit recently affirmed that certain types of private student loans are not "obligation[s] to repay funds received as an educational benefit, scholarship, or stipend" that are exempt from discharge in bankruptcy absent an undue hardship.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Public, Jones Day, Coronavirus, SCOTUS, Second Circuit
    Authors:
    Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    Texas Bankruptcy Court Allows Make-Whole Premium as Liquidated Damages and Requires Solvent Chapter 11 Debtor to Pay Postpetition Interest
    2021-02-12

    On October 26, 2020, the U.S. Bankruptcy Court for the Southern District of Texas issued a long-awaited ruling on whether natural gas exploration and production company Ultra Petroleum Corp. ("UPC") must pay a make-whole premium to noteholders under its confirmed chapter 11 plan and whether the noteholders are entitled to postpetition interest on their claims pursuant to the "solvent-debtor exception." On remand from the U.S.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Jones Day, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    FERC v. Bankruptcy Court Turf War Update
    2020-10-14

    On June 22, 2020, the Federal Energy Regulatory Commission ("FERC") issued an order concluding that FERC and the U.S. bankruptcy courts have concurrent jurisdiction to review and address the disposition of natural gas transportation agreements that a debtor seeks to reject under section 365(a) of the Bankruptcy Code (11 U.S.C. §§ 101 et seq.).

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, FERC
    Authors:
    Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Back on Top: Australian Court Affirms the "Peak Indebtedness Rule" in Unfair Preference Claims
    2020-08-06

    In Short

    The Situation: When determining and quantifying unfair preference claims in Australia, does the Corporations Act permit liquidators to value transactions forming part of a single "continuous business relationship" (such as a running account) from the point of peak indebtedness, even if doing so disregards earlier transactions that might act to reduce the value of the claim against the creditor?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Roger Dobson , Lucas Wilk , Katie Higgins , Maria Yiasemides
    Location:
    Australia
    Firm:
    Jones Day

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