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    Bankruptcy trustee appeals Seventh Circuit’s ruling on sufficiency of UCC collateral description to US Supreme Court
    2020-01-27

    Last October we highlighted an important ruling issued in September 2019 by the Seventh Circuit in the bankruptcy proceeding of In re I80 Equipment, LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Supreme Court of the United States, Illinois Supreme Court
    Authors:
    Barbara Goodstein
    Location:
    USA
    Firm:
    Mayer Brown
    Third Circuit Holds Bankruptcy Courts May Constitutionally Confirm a Chapter 11 Plan Containing Nonconsensual Third-Party Releases
    2020-01-06

    On December 19, 2019, the US Court of Appeals for the Third Circuit held in In re Millennium Lab Holdings II, LLC1that bankruptcy courts have the constitutional authority, well within the constraints of Stern v.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Mayer Brown, Medicare, Medicaid, Bankruptcy
    Authors:
    Brian Trust , Adam C. Paul , Thomas S. Kiriakos , Sean T. Scott , Alexander F. Berk
    Location:
    USA
    Firm:
    Mayer Brown
    Prepayment Premium/Make-Whole Enforceability in Bankruptcy: The Details Matter
    2019-12-13

    Prepayment premiums (also referred to as make-whole premiums) are a common feature in loan documents, allowing lenders to recover a lump-sum amount if a borrower pays off loan obligations prior to maturity, effectively compensating lenders for yield that they would have otherwise received absent prepayment. As a result of the widespread use of such provisions, three circuit courts of appeal – the U.S. Court of Appeal for the Second, Third and Fifth Circuit – have recently had to address the enforceability of prepayment provisions in bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor
    Authors:
    Joaquin M. C De Baca , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    US Bankruptcy Code Defines Right to Receive “Make-Whole” Premium under Chapter 11 Plan
    2019-12-13

    On November 26, 2019, the US Court of Appeals for the Fifth Circuit held in Ultra Petroleum Corp. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Tyler R. Ferguson , Thomas S. Kiriakos , Adam C. Paul , Sean T. Scott , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Benefits of Protected Contracts: Utilizing Repurchase Facilities and Securities Contracts as an Alternative to Standard Lending Arrangements
    2019-08-20

    In the United States, in a typical plain vanilla lending arrangement, if a counterparty files for bankruptcy, an automatic stay of enforcement actions is imposed that would prevent a lender from (i) foreclosing on the property of the debtor, (ii) terminating contracts with the debtor, (iii) commencing or continuing certain enforcement actions against the debtor or its property and/or (iv) setting off amounts owed under such arrangements (in each case unless a motion is filed and granted in the related bankruptcy case).

    Filed under:
    USA, Insolvency & Restructuring, Mayer Brown, Debtor
    Authors:
    Susannah L. Schmid , Todd N. Bundrant , Monique J. Mulcare , Eric M. Reilly
    Location:
    USA
    Firm:
    Mayer Brown
    Windstream Lease Dispute Escalates as Debtors Sue Uniti, Mediator Appointed, and Creditors Intervene
    2019-08-26

    In recent weeks, the dispute in Windstream’s bankruptcy between Windstream and its REIT spinoff Uniti Group over the lease transaction that ultimately led to Windstream’s chapter 11 bankruptcy has continued to escalate with Windstream filing an adversary complaint against Uniti. In its complaint, Windstream seeks to recharacterize the lease as a disguised financing alleging that the lease resulted in a long-term transfer of billions of dollars to Uniti to the detriment of Windstream’s creditors.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Mayer Brown, Debtor, Mediation, Secured creditor, Unsecured creditor
    Authors:
    Tyler R. Ferguson , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    US Bankruptcy Fee Flip: Legal Expenses for Unsecured Creditors; Considerations for Lenders and Administrative Agents
    2019-08-13

    Pacific Gas and Electric Company's Chapter 11 filing earlier this year has highlighted an issue that is well settled but sometimes overlooked: Unsecured creditors generally have no right to receive immediate payment of their legal fees from a bankrupt borrower, regardless of any contractual rights they might otherwise have absent the bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Secured creditor, Unsecured creditor
    Location:
    USA
    Firm:
    Mayer Brown
    Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Seventh Circuit Appeal Involving Proper Application Of Punitive Damages Guideposts
    2019-07-19

    Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Seventh Circuit
    Authors:
    Evan M. Tager , Carl J. Summers
    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
    Not so distant ripples in the pond: The Supreme Court’s Tempnology decision and equipment leasing
    2019-05-22

    On May 20, 2019, the Supreme Court decided Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657. In an 8-1 decision, and in a majority opinion authored by Justice Kagan, the Court held that the debtor-licensor’s rejection of a trademark license under Section 365 of the Bankruptcy Code “has the same effect as a breach outside bankruptcy” and, as such, the debtor, through such a rejection, could not rescind the non-debtor’s licensee’s right to continue to use the trademarks; in short, the debtor-licensor’s rejection of the license “cannot revoke the license.” Slip Op. at 16-17.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown
    Location:
    USA
    Firm:
    Mayer Brown

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