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    Enforcement of intercreditor agreements — when should their terms give way to the "bankruptcy imperative"?
    2011-04-07

    Recently, several courts have added to the growing body of decisions construing intercreditor agreements in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Collateral (finance), Waiver, Interest, Debt, Mortgage loan, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Joseph S. Fabiani
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Is your ORRI what you think it is?
    2015-05-04

    Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, United States bankruptcy court
    Authors:
    Mitchell A. Seider , Keith A. Simon , Jeffrey S. Muñoz , Annemarie V. Reilly
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Restructurings and distressed investing — planning the perfect exit
    2015-03-02

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Latham & Watkins LLP, Limited liability partnership
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    A new tool for holdout bondholders: the Trust Indenture Act
    2015-01-22

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Limited liability partnership
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Oil and gas restructurings: exploration and production companies face unique issues
    2015-01-06

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Limited liability partnership
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The weakest link in intercreditor agreements breaks again in Momentive
    2014-10-16

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Collateral (finance), Limited liability partnership
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    US Supreme Court’s sleight of hand in bankruptcy jurisdiction
    2014-07-31

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Limited liability partnership, Personal jurisdiction, Supreme Court of the United States
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Madoff bankruptcy decision offers protection for foreign investors
    2014-07-14

    In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Security (finance), Securities fraud
    Authors:
    Christopher Harris , Thomas J. Giblin
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Quebecor decision: capital markets transactions protected in bankruptcy safe harbor
    2013-07-18

    Second Circuit’s Quebecor bankruptcy decision offers comfort to capital markets participants that certain transactions will qualify for the Section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Security (finance), Commercial paper, Enron, Second Circuit
    Authors:
    Robert A. Klyman
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    WARN Act decision: how private equity might avoid “single employer” status
    2013-07-18

    Delaware Bankruptcy Court Holds that Private Equity Firm And Its Portfolio Company Are Not Liable Under Federal WARN Act

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court
    Authors:
    Richard A. Levy
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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