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    Opinion of Interest - In re United Refining Company: Destruction of Records and the Accrual of Tort Claims
    2021-02-19

    In a January 2021 decision issued in the re-opened United Refining Company1 bankruptcy case, Judge Lopez of the Southern District of Texas Bankruptcy Court addressed when a tort claim is deemed to arise for purposes

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Youmi Kim , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Financing Your Way Out of a Pandemic: How Two Airport Companies Restructured Their Debt to Withstand an Economic Crisis
    2020-09-29

    In a pair of private exchange offers consummated in May 2020, airport operating companies owned by Corporacin Amrica Airports S.A. (NYSE: CAAP) in Argentina and Uruguay were able to restructure their existing debt securities in order to withstand the substantial revenue declines associated with the drop-off in air travel as a result of the coronavirus pandemic ("COVID-19").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus
    Authors:
    Douglas A. Doetsch
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy Courts Address Impact of COVID-19 Coronavirus With Unique Orders
    2020-04-15

    As courts across the country deal with scaled back operations due to the COVID-19 pandemic, bankruptcy courts in New Jersey and Delaware have issued novel orders to address the impact of the virus on certain debtors. Last month, debtors in the chapter 11 bankruptcy cases of Modell’s Sporting Goods, Inc. and CraftWorks Parent, LLC each sought and obtained court orders suspending certain case activity which, for all intents and purposes “mothballed” the cases for a certain period of time.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Title 11 of the US Code
    Authors:
    Sean T. Scott , Aaron Gavant , Alexander F. Berk
    Location:
    USA
    Firm:
    Mayer Brown
    Supreme Court Holds That A Creditor Cannot Be Held In Contempt For Violating A Bankruptcy Discharge Order If There Is A “Fair Ground Of Doubt” As To The Lawfulness Of The Creditor’s Conduct
    2019-06-03

    Taggart v. Lorenzen, No. 18-489

    Today, the Supreme Court held 9-0 that a creditor cannot be held in contempt of court for violating a bankruptcy discharge order if there is a “fair ground of doubt” as to whether the order barred the creditor’s conduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Bankruptcy discharge, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court Addresses Safe Harbor Under Bankruptcy Code
    2018-02-27

    Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784 (2018)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Authors:
    Thomas S. Kiriakos , Sean T. Scott , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    Hong Kong insolvency law update: A happy sequel to the legendary Legend authority
    2017-03-10

    Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited1.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Liquidation
    Authors:
    John M. Marsden , Thomas A. Pugh , Justine T. K. Lau
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Bankruptcy Code—professional fees
    2015-06-15

    Baker Botts L.L.P. v. ASARCO LLC, No. 14-103 (previously described in the October 2, 2014, Docket Report)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Brian Trust , Thomas S. Kiriakos , Carl J. Summers
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, SCOTUS, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    First scheme of arrangement for a Vietnamese company is sanctioned
    2013-09-05

    The High Court has sanctioned a scheme of arrangement between a Vietnamese company and certain of its creditors; the first time a Vietnamese company has taken advantage of this restructuring process in England.

    Background

    Filed under:
    United Kingdom, Vietnam, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, State-owned enterprise, Default (finance)
    Authors:
    Devi Shah , Jessica Walker
    Location:
    United Kingdom, Vietnam
    Firm:
    Mayer Brown
    In re KB Toys, Inc.: “disabilities attach to and travel with the claim"
    2012-05-17

    On May 4, 2012, the Delaware bankruptcy court inIn re KB Toys, Inc., et al. (KB Toys), handed down a thoughtful decision addressing the issue of whether impairments attach to a claim or remain with its seller. The KB Toys court held that “a claim in the hands of a transferee has the same rights and disabilities as the claim had in the hands of the original claimant. Disabilities attach to and travel with the claim.”

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Mayer Brown, Enron, United States bankruptcy court
    Authors:
    Frederick D. Hyman , Monique J. Mulcare
    Location:
    USA
    Firm:
    Mayer Brown

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