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    Developments in Restructuring Plans: Gategroup
    2021-04-29

    On 26 March 2021, Mr Justice Zacaroli of the English High Court sanctioned a restructuring plan (the Plan) proposed by gategroup Guarantee Limited (Gategroup), following approval at two creditors' meetings convened pursuant to a judgment handed down by Mr Justice Zacaroli on 17 February 2021.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown
    Navient Solutions & The High Bar to Involuntary Bankruptcy Petitions
    2021-02-24

    On February 8, 2021, three student loan borrowers filed an involuntary petition against Navient Solutions LLC in New York bankruptcy court seeking to force Navient into bankruptcy.[1] Navient Solutions is the loan servicing arm of Navient Corporation, a student loan originator which manages approximately $300 billion in student loan debt for more than 12 million borrowers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    BJ Services, LLC, et al.: Not-So-Smooth Sailing for Credit Bidders
    2020-11-03

    BJ Services, a Texas-based provider of hydraulic fracturing (i.e., “fracking”) and cementing services for upstream oil and gas companies, filed for chapter 11 protection on July 20, 2020, in the US Bankruptcy Court for the Southern District of Texas, along with three of its affiliates. Their chapter 11 filings were prompted by unsuccessful restructuring negotiations with one of their equity sponsors—CSL Capital Management—which would have provided a $75 million new money investment, including $30 million in the form of DIP financing, in exchange for the majority of the reorganized equity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Fracking, United States bankruptcy court
    Authors:
    Kyle J. Tum Suden , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    An Act of God, or Another Failing Restaurant? Illinois Bankruptcy Court Rules on Force Majeure Clause in the Wake of COVID-19 Shutdown Order
    2020-07-07

    The ongoing COVID-19 pandemic has raised pressing questions about how a force majeure provision in a lease will affect a tenant's obligation to pay rent.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, Force majeure, Coronavirus
    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
    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
    Debtor Is a Financial Institution for Purposes of Settlement Payment Safe Harbor, Rules Southern District of New York
    2019-05-08

    On April 23, 2019, the United States District Court for the Southern District of New York, in fraudulent transfer litigation arising out of the 2007 leveraged buyout of the Tribune Company,1 ruled on one of the significant issues left unresolved by the US Supreme Court in its Merit Management decision last year.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, SCOTUS, US District Court for SDNY
    Authors:
    Thomas S. Kiriakos , Sean T. Scott , Aaron Gavant , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    CW Advanced Technologies Limited - Recognition Issues Considered
    2018-08-20

    In the recent case Re CW Advanced Technologies Limited, the Hong Kong court took the opportunity, albeit only obiter dicta, to raise and briefly comment on certain unresolved questions surrounding three issues of interest to insolvency practitioners:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    John M. Marsden , Thomas A. Pugh
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Bankruptcy Code—Recharacterizing Claims as Capital Contributions
    2017-06-27

    PEM Entities LLC v. Levin, No. 16-492

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown
    Guide to Doing Business in Brazil
    2016-11-24

    The Federative Republic of Brazil is the largest country in South America and the world’s fifth largest country, both by land mass (almost 8.6 million square kilometers) and population (more than 200 million people). It is the only lusophone (Portuguese-speaking) country in otherwise Spanish-speaking Latin America and the largest lusophone country in the world. Brazil is a member of the G20, and one of the BRICS countries, along with Russia, India, China and South Africa. The country’s Constitution serves as the foundation of the Brazilian legal framework and sets forth fundamental rights.

    Filed under:
    Brazil, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Intellectual Property, Real Estate, Tax, White Collar Crime, Mayer Brown
    Location:
    Brazil

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