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    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
    Ninth Circuit Reverses Course on Measure of Collateral Value in Cramdown Confirmation of Chapter 11 Plan
    2017-10-02

    In First Southern Nat’l Bank v. Sunnyslope Hous. LP (In re Sunnyslope Hous. LP), 2017 BL 216965 (9th Cir. June 23, 2017), the U.S. Court of Appeals for the Ninth Circuit held en banc that, in determining whether a chapter 11 plan may be confirmed over the objection of a secured creditor, the creditor’s collateral must be valued in accordance with the debtor’s intended use of the property, even if the property would realize more in a foreclosure sale because of the existence of restrictive covenants.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Sixth Circuit Rejects Per Se Rule Automatically Mooting Sale Appeals in the Absence of a Stay
    2017-06-01

    Debtors beware: The Sixth Circuit Court of Appeals has recently expanded the ability of parties to appeal a bankruptcy court's approval of a sale of assets notwithstanding the statutory mootness rule set forth in section 363(m) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Sixth Circuit
    Location:
    USA
    Firm:
    Jones Day
    EuroResource—Deals & Debt
    2017-03-28

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Jones Day, Federal Financial Supervisory Authority
    Authors:
    Corinne Ball , Bruce Bennett , Jasper Berkenbosch
    Location:
    European Union
    Firm:
    Jones Day
    Conflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
    2016-09-27

    In Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit held that the “safe harbor” under section 546(e) of the Bankruptcy Code for settlement payments and for payments made in connection with securities contracts preempted claims under state law by creditors to avoid as fraudulent transfers pre-bankruptcy payments made to shareholders in connection with a leveraged buyout (“LBO”) of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal preemption, Second Circuit
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day

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