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    From the Top in Brief: U.S. Supreme Court Clarifies Whether Debts Based on False Statements Can Be Discharged in Bankruptcy
    2018-08-16

    On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, SCOTUS
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    EuroResource—Deals and Debt | December 2017
    2017-12-19

    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:
    Belgium, European Union, France, Germany, Italy, Netherlands, United Kingdom, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Jones Day, Foreign direct investment, European Commission
    Authors:
    Corinne Ball
    Location:
    Belgium, European Union, France, Germany, Italy, Netherlands, United Kingdom
    Firm:
    Jones Day
    Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale
    2017-10-02

    The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of "any interest in such property," has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Securitization in Italy: New Market-Friendly Rules Enacted
    2017-06-23

    In Short

    The Situation: The Italian Parliament recently approved the Conversion Law of Decree no. 50, dealing with, among others, securitization regulations.

    The Result: The Conversion Law expands the scope of the "Law 130 Vehicle" for the sale of certain securitized assets due to an insolvency or restructuring.

    Looking Ahead: The new provisions should attract new investment and make it easier for banks and other financial intermediaries to dispose of nonperforming leases and other claims.

    Filed under:
    Italy, Insolvency & Restructuring, Securitization & Structured Finance, Jones Day
    Authors:
    Marco Lombardi , Francesco Squerzoni , Vinicio Trombetti
    Location:
    Italy
    Firm:
    Jones Day
    International Legislative Update
    2017-04-13

    New EU Regulation on Cross-Border Preservation of Accounts Potentially Useful Tool to Secure Assets in EU Member States

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Financial regulation, Federal Financial Supervisory Authority
    Authors:
    Mark G. Douglas
    Location:
    Germany
    Firm:
    Jones Day
    Delaware Bankruptcy Court Rules That Lenders Are Free to Enforce Contract Rights and "Negotiate Hard" Against Distressed Borrowers at Arm’s Length
    2017-01-26

    When lenders take an aggressive approach to a financially troubled borrower that ultimately files for bankruptcy protection, stakeholders in the case, including chapter 11 debtors, trustees, committees, and even individual creditors or shareholders, frequently pursue causes of action against the lenders in an effort to augment or create recoveries.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation
    2016-08-08

    In the November/December 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the District of Delaware addressing the meaning of “unreasonably small capital” in the context of constructively fraudulent transfer avoidance litigation. In Whyte ex rel. SemGroup Litig. Trust v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Conflict of laws, Debtor, Unsecured debt, Fraud, Interest, Federal Reporter, Debt, Conveyancing, Cashflow, Title 11 of the US Code, Third Circuit, Seventh Circuit, US District Court for District of Delaware, Trustee
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
    2016-04-01

    One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of stakeholders of which no class has given approval. However, it is sometimes an invitation to creative machinations designed to muster the requisite votes for confirmation of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Sixth Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tenth Circuit: recharacterization remedy in bankruptcy is alive and well
    2015-11-17

    In Redmond v. Jenkins (In re Alternate Fuels, Inc.), 789 F.3d 1139 (10th Cir. 2015), a panel of the U.S. Court of Appeals for the Tenth Circuit upheld bankruptcy courts’ authority to recharacterize insider debt as equity. In so ruling, the court rejected an argument that recent U.S. Supreme Court precedent prevents bankruptcy courts from using section 105(a) of the Bankruptcy Code to recharacterize debt as equity. Nevertheless, after upholding the recharacterization doctrine, the Tenth Circuit panel split on the doctrine’s application.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal Reporter, United States bankruptcy court, Tenth Circuit
    Authors:
    Nicholas J. Morin (Nick)
    Location:
    USA
    Firm:
    Jones Day
    Sovereign debt update- July/August 2015
    2015-07-31

    Greece

    Filed under:
    Argentina, European Union, Greece, Puerto Rico, Insolvency & Restructuring, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    Argentina, European Union, Greece, Puerto Rico
    Firm:
    Jones Day

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