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    Getting Public Information in Chapter 11
    2023-12-13

    Companies in Chapter 11 must publicly report substantial financial information — indeed, more information should be reported or available publicly in Chapter 11 than outside of Chapter 11. This paper analyzes what information must be publicly reported or disclosed under the securities laws, the Bankruptcy Code and Bankruptcy Rules; what debtors do to minimize public reporting; and what creditors can do to get the public reporting they deserve.

    Debtors May Stop Public Reports Under the Securities Laws.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, US Securities and Exchange Commission, Sarbanes-Oxley Act 2002 (USA)
    Authors:
    Thomas Moers Mayer , Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    NAIC Group Issues Guidance on Corporate Restructurings
    2024-05-16

    Insurers with unwanted runoff blocks of business should consider the latest guidance from insurance regulators on potential transactional structures that could mitigate this issue.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Kramer Levin Naftalis & Frankel LLP, National Association of Insurance Commissioners
    Authors:
    Daniel A. Rabinowitz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    New York Bankruptcy Court Raises the Cost of Keeping Funded Debt: Debtor Needs to Pay Default Interest Rate in Reinstatement of Accelerated Debt
    2023-09-14

    What Happened?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Adam C. Rogoff , Nancy M. Bello , Gabriel Eisenberger
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    And Another Lender Blocking Provision Bites the Dust, Texas Bankruptcy Court Rules
    2023-03-30

    The Bottom Line

    One feature commonly seen in commercial lending transactions is a waiver of the borrower’s authority to file for bankruptcy without the consent of the lender. While such “blocking” provisions are generally upheld where the equity interest holders are the parties with such rights, they are generally unenforceable as a matter of public policy when such protection is given to a creditor with no meaningful ownership interest in the corporate debtor.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Adam C. Rogoff , Ashland J. Bernard
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bad ‘Timing’: Southern District of New York Bankruptcy Court Adopts Time Approach to Limiting Landlord Lease Damages, but Other Damages May Still Be Allowable
    2023-02-10

    Overview

    When enacting the Bankruptcy Code, Congress sought to strike a balance amid the confluence of different — and often competing — interests held by debtors, secured creditors and various unsecured creditor constituencies (including landlords) through a framework of statutory protections. This has – at times – led to litigation over differing statutory interpretations as well as circuit splits as courts attempt to reconcile underlying policy goals with the less-than-clear language in various of the Code’s provisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Adam C. Rogoff , Ashland J. Bernard
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    District Court Holds Non-Income Producing Hotel Is a Single Asset Real Estate Debtor
    2022-06-27

    Overview

    Recently, in Shady Bird Lending, LLC v. The Source Hotel, LLC (In re The Source Hotel, LLC), Case No. 8:21-cv-00824-FLA (C.D. Ca. June 8, 2022), the Central District of California District Court adopted the majority view that a non-income producing property could be a “single asset real estate,” or SARE, debtor. The district court held that a hotel, which was not yet producing income, met the definition of a SARE.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Court Sides With Minority View Concluding Intervention Under Section 1109(b) Does Not Apply to Adversary Proceedings
    2022-06-27

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Court Holds Arbitration Clause Unenforceable When Underlying Contract Is Rejected Pursuant to Section 365 of the Bankruptcy Code
    2022-01-10

    Overview

    In Highland Capital Mgmt. v. Dondero (In re Highland Capital Mgmt.), Case No. 21-03007-sgj (Bankr. N.D. Tex. 2021), the U.S. Bankruptcy Court for the Northern District of Texas held that a debtor could not be compelled to abide by an arbitration clause in an agreement that was rejected pursuant to Section 365 of the Bankruptcy Code.

    Background

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Arbitration clause
    Authors:
    Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Second Circuit Affirms That Some Private Student Loans Are Dischargeable in Bankruptcy
    2021-11-17

    Overview

    In Hilal K. Homaidan v. Sallie Mae, Inc., Navient Solutions, LLC, Navient Credit Finance Corporation, Case No. 20-1981 (2d Cir. 2021), the Second Circuit affirmed the opinion of the U.S. Bankruptcy Court for the Eastern District of New York, which held that private student loans are not excepted from discharge under Section 523(a)(8)(A)(ii) of the Bankruptcy Code, which excepts from discharge “an obligation to repay funds received as an educational benefit, scholarship, or stipend.” 11 U.S.C. § 523(a)(8)(A)(ii).

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, American Medical Association, Second Circuit
    Authors:
    Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Northern District of Texas Bankruptcy Court Dismisses NRA Bankruptcy Cases
    2021-07-19

    The Bottom Line

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, US District Court for Northern District of Texas
    Authors:
    Priya K. Baranpuria
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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