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    European perspective in brief
    2015-03-31

    Europe has struggled 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:
    Netherlands, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Mark G. Douglas
    Location:
    Netherlands
    Firm:
    Jones Day
    Confirmation Denied: Chapter 11 Plan Did Not Satisfy New Value Exception to Absolute Priority Rule Without Market Testing
    2022-03-04

    When existing interest holders attempt to retain ownership of a chapter 11 debtor after confirmation of a nonconsensual plan of reorganization, the Bankruptcy Code's plan confirmation requirements, including well-established rules regarding the classification and treatment of creditor claims and equity interests, can create formidable impediments to their reorganization strategy. In In re Platinum Corral, LLC, 2022 WL 127431 (Bankr. E.D.N.C. Jan. 13, 2022), the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, CARES Act 2020 (USA), SCOTUS
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Another Bankruptcy Court Rules the "Solvent Debtor Exception" Survived Enactment of the Bankruptcy Code
    2021-11-15

    Whether the pre-Bankruptcy Code "solvent debtor exception" requiring the payment of postpetition interest to dissenting unsecured creditors under a chapter 11 plan survived the enactment of the Bankruptcy Code in 1978 has been the subject of a handful of recent court rulings. This is, perhaps, most notably true of the chapter 11 case of Ultra Petroleum Corp. in connection with a protracted battle over the debtor's obligation to pay make-whole premiums to unsecured noteholders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Court Recharacterizes Purported Loan as Equity
    2021-05-21

    It is generally recognized that a bankruptcy court has the power—either equitable or statutory—to recharacterize a purported debt as equity if the substance of the transaction belies the labels the parties have given it. A ruling handed down by the U.S. Bankruptcy Court for the Southern District of New York provides a textbook example of such a recharacterization. In In re Live Primary, LLC, 2021 WL 772248 (Bankr. S.D.N.Y. Mar.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US District Court for SDNY
    Authors:
    Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property
    2020-12-11

    In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors' bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had "standing" to sue third-party recipients of allegedly fraudulent transfers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Tenth Circuit
    Authors:
    Timothy Hoffmann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Matalan: (Some) Additional Clarity on the Impact of English Schemes and Chapter 15 on CDS
    2020-08-27

    In Short

    The Situation: On August 11, 2020, a Credit Derivatives Determinations Committee for EMEA ("DC") unanimously determined that the Chapter 15 filing by British retailer Matalan triggered a Bankruptcy Credit Event under standard credit default swaps ("CDS").

    The Result: The DC's decision diverged from its only prior decision (involving Thomas Cook) on whether a Chapter 15 petition constituted a Bankruptcy Credit Event.

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Corinne Ball , Kay V. Morley , Jayant W. Tambe , George J. Cahill
    Location:
    United Kingdom, USA
    Firm:
    Jones Day
    Business Restructuring Review | March-April 2020
    2020-04-15

    In This Issue:

    U.S. Supreme Court: Creditors May Immediately Appeal Denials of Automatic-Stay Relief

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, SCOTUS
    Authors:
    Paul M. Green , Charles M. Oellermann , Dan T. Moss , Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Cross-Border Restructuring Case Study: syncreon
    2019-11-22

    In Short

    The Situation: Jones Day recently represented a group of secured term loan and revolver lenders in the global restructuring of syncreon Group B.V. ("syncreon")—a leading provider of logistics services with over 14,000 employees across more than 100 facilities located in 20 countries around the world.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Carl E. Black , Kay V. Morley
    Location:
    United Kingdom, USA
    Firm:
    Jones Day
    Second Circuit Rules that Bankruptcy Code’s Fraudulent Transfer Recovery Provisions Can Reach Foreign Transferees
    2019-06-18

    The ability of a bankruptcy trustee to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when an otherwise avoidable transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common in the global economy—courts disagree as to whether the Bankruptcy Code’s avoidance provisions apply extraterritorially to avoid the transfer and recover the transferred assets. Several bankruptcy and appellate courts have addressed this issue in recent years, with inconsistent results.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    New UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments
    2019-02-26

    On September 18, 2018, the United Nations Commission on International Trade Law ("UNCITRAL") published its final version of the new Model Law on the Recognition and Enforcement of Insolvency-Related Judgments (the "IRJ Model Law"). The IRJ Model Law creates a framework for the recognition and enforcement of judgments in foreign bankruptcy and insolvency proceedings. It is intended to supplement and complement the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "CBI Model Law").

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL
    Authors:
    Mark G. Douglas
    Location:
    Global, United Kingdom
    Firm:
    Jones Day

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