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    Wellness International: U.S. Supreme Court rules that bankruptcy courts may adjudicate “Stern claims” with litigants’ consent
    2015-07-31

    "In Wellness Int’l Network, Ltd. v. Sharif, ___ U.S. ___, 135 S. Ct. 1932 (2015), a divided U.S. Supreme Court resolved the circuit split regarding whether a bankruptcy court may, with the consent of the litigants, adjudicate a claim that, though statutorily denominated as “core,” is not otherwise constitutionally determinable by a bankruptcy judge. The majority held that so long as consent—whether express or implied—is “knowing and voluntary,” Article III of the U.S. Constitution is not violated by a bankruptcy court’s adjudication of such a claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Article III US Constitution, United States bankruptcy court
    Authors:
    Jane Rue Wittstein
    Location:
    USA
    Firm:
    Jones Day
    Business Restructuring Review
    2022-04-04

    BUSINESS RESTRUCTURING REVIEW VOL. 21 • NO.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Coronavirus, US Department of Justice, US Congress, SCOTUS
    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
    U.S. Supreme Court: Mere Retention of Property Does Not Violate the Automatic Stay
    2021-03-25

    On January 14, 2021, the U.S. Supreme Court held in City of Chicago v. Fulton, 592 U.S. __ (2021), that a creditor in possession of a debtor's property does not violate the automatic stay, specifically section 362(a)(3) of the Bankruptcy Code, by retaining the property after the filing of a bankruptcy petition. The Court's decision provides important guidance to bankruptcy courts, practitioners, and parties on the scope of the automatic stay's requirements.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, SCOTUS
    Authors:
    Heather Lennox , Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    New York District Court Expands the Scope of the Bankruptcy Safe Harbor for LBO Payments
    2020-12-11

    In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout ("LBO") of Tribune Co. ("Tribune") were preempted by the safe harbor for certain securities, commodity or forward contract payments set forth in section 546(e) of the Bankruptcy Code. In In re Tribune Co. Fraudulent Conveyance Litig., 946 F.3d 66 (2d Cir. 2019), petition for cert. filed, No. 20-8-07102020, 2020 WL 3891501 (U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Private equity, Second Circuit, U.S. Court of Appeals
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    From the Top in Brief
    2020-06-03

    The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases.

    Nunc Pro TuncRelief

    In Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S. Feb. 24, 2020), the Court circumscribed the use of nunc pro tunc ("now for then") orders that make relief ordered by a court apply retroactively to an earlier point in time.

    Filed under:
    USA, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    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
    In Brief: On Remand, Momentive Bankruptcy Court Rules That Cramdown Notes Should Bear "Process Efficient" Market Interest Rate
    2019-06-18

    In Momentive Performance Materials Inc. v. BOKF, NA (In re MPM Silicones, L.L.C.), 874 F.3d 787 (2d Cir. 2017), cert. denied, 138 S. Ct. 2653 (2018), the U.S. Court of Appeals for the Second Circuit affirmed a number of lower court rulings on hot-button bankruptcy issues, including allowance (or, in this case, denial) of a claim for a "make-whole" premium and contractual subordination of junior notes.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed Amendments to Chapter 15 of the Bankruptcy Code
    2018-12-20

    On August 20, 2018, the National Bankruptcy Conference (the "NBC") submitted a letter (the "Letter") to representatives of the House Subcommittee on Regulatory Reform and the House Committee on the Judiciary that proposed certain technical and substantive amendments to chapter 15 of the Bankruptcy Code. Chapter 15, which is patterned on the 1997 UNCITRAL Model Law on Cross-Border Insolvency (the "Model Law"), was enacted in 2005 and establishes procedures governing cross-border bankruptcy and insolvency proceedings. To date, the Model Law has been enacted by the U.S.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day
    U.S. Supreme Court Narrows Scope of Section 546(e)’s Safe Harbor for Securities Transaction Payments
    2018-04-17

    On February 27, 2018, the U.S. Supreme Court issued a highly anticipated ruling resolving a long-standing circuit split over the scope of the Bankruptcy Code’s "safe harbor" provision exempting certain securities transaction payments from avoidance as fraudulent transfers. In Merit Management Group LP v. FTI Consulting Inc., 2018 BL 65569, No. 16-784 (U.S. Feb.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, SCOTUS, Eleventh Circuit, Seventh Circuit
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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