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    Leveraged buyouts and fraudulent transfers: how susceptible are you to avoidance?
    2010-02-10

    As the economy boomed in 2005-2007 and leverage increased to staggering levels, LBOs took a prominent place in the deal economy. During that time, investors completed 313 LBOs in the United States for approximately $630 billion.1 Following the recent economic downturn, many of those LBOs have become sources of controversy in a number of bankruptcies and restructurings - prominent examples include Tribune Co. and Lyondell Chemical Co.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White Collar Crime, Cadwalader Wickersham & Taft LLP, Bankruptcy, Conflict of laws, Debtor, Fraud, Employment contract, Debt, Economy, Leveraged buyout, Leverage (finance), Circumstantial evidence, Title 11 of the US Code, Third Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Weathering the storm: tenant considerations in the face of pending landlord bankruptcies and foreclosures
    2010-02-12

    Over the next two years, billions of dollars in commercial real estate loans are expected to mature — loans that many property owners and landlords will not be able to pay off or refinance. As a result, a number of landlords that have purchased, built, renovated and/or refinanced their properties with short-term debt during the previous five years will find themselves in a precarious position. Market forces, combined with the tightening of credit markets, leave landlords holding over-leveraged property, unable to refinance their shortterm debt because of a lack of equity.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Williams Mullen, Bankruptcy, Commercial property, Landlord, Leasehold estate, Debt, Consent, Foreclosure, Refinancing, Default (finance), Deed of trust (real estate), Leverage (finance)
    Authors:
    Mark J. Kronenthal, II , Michael P. Nicholson
    Location:
    USA
    Firm:
    Williams Mullen
    Lehman Brothers examiner publishes report
    2010-03-12

    Yesterday, the ninevolumeReport of Anton R.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Audit, Accounting, Depository institution, Balance sheet, Business judgement rule, Leverage (finance), US Congress, Federal Reserve (USA), Lehman Brothers, United States bankruptcy court
    Authors:
    Dwight Smith
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy issues in intercreditor agreements
    2009-05-31

    Introduction

    This article addresses bankruptcy issues commonly arising in connection with intercreditor agreements, and is intended to provide a general examination of provisions that relate specifically to bankruptcy or other insolvency proceedings. By reviewing variations of these provisions that have appeared in negotiated second lien financings, the discussion provides a checklist that will be useful at the front end of deals of this kind.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Debt, Limited partnership, Default (finance), Leverage (finance), Convertible bond, Bank of America
    Authors:
    Jeffrey A. Marks
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims
    2011-04-13

    When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "pay/paid/pays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Unsecured debt, Interest, Debt, Tax deduction, Default (finance), Leverage (finance), Bankruptcy discharge, Second Circuit
    Location:
    USA
    Firm:
    Jones Day
    Advisory Committee on Bankruptcy rules recommends sweeping revisions to Bankruptcy Rule 2019
    2010-08-10

    Bankruptcy headlines in 2007 were awash with tidings of controversial developments in the chapter 11 cases of Northwest Airlines and its affiliates that sent shock waves through the "distressed" investment community. A New York bankruptcy court ruled that an unofficial, or "ad hoc," committee consisting of hedge funds and other distressed investment entities holding Northwest stock and claims was obligated under a formerly obscure provision in the Federal Rules of Bankruptcy Procedure—Rule 2019—to disclose the details of its members' trading positions, including the acquisition prices.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Lobbying, Bankruptcy, Security (finance), Interest, Hedge funds, Stakeholder (corporate), Leverage (finance), Distressed securities, Title 11 of the US Code, Securities Industry and Financial Markets Association, US House Committee on Rules, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The retail sector – restructuring options in the current climate
    2009-07-30

    The ready availability of credit over the first seven years of the past decade fuelled a massive, property-led consumer boom. Although perhaps a long time coming, the restriction in the continuing availability of such credit since mid 2007 has resulted in a serious recession. The scale of the problems will take time to unwind but given the continuing restrictions on credit, consumers are spending less, especially on high-value discretionary items.  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Jones Day, Retail, Credit (finance), Debtor, Private equity, Landlord, Debt, Consent, Leverage (finance)
    Authors:
    Michael Rutstein , David Harding
    Location:
    United Kingdom
    Firm:
    Jones Day
    Disenfranchising creditors in chapter 11: in search of the meaning of “bad faith” under section 1126(e)
    2007-04-01

    The ability of a creditor whose claim is “impaired” to vote on a chapter 11 plan is one of the most important rights conferred on creditors under the Bankruptcy Code. The voting process is an indispensable aspect of safeguards built into the statute designed to ensure that any plan ultimately confirmed by the bankruptcy court meets with the approval of requisite majorities of a debtor’s creditors and shareholders and satisfies certain minimum standards of fairness.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Conflict of interest, Bankruptcy, Shareholder, Debtor, Interest, Good faith, Voting, Stakeholder (corporate), Bad faith, Leverage (finance), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Taking the Stress Out of Distress for U.S. Retailers
    2017-03-31

    Despite the downturn in the retail industry, retailers should not automatically adopt a "glass half empty approach" but instead view the impending cycle as creating opportunities for companies in both the U.S. and globally. In recent months, a steady stream of analyst coverage has painted a bleak outlook for the retail industry. Between February and March 2017, BCBG Max Azria, Eastern Outfitters, hhgregg, Gander Mountain, and Gordmans were among the companies added to the long list of retailers to seek bankruptcy protection.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Wage, Retail, Liquidation, Investment funds, Leverage (finance)
    Authors:
    Andrew J. Schoulder
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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