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    Private Credit Lenders: What’s a “Structured Dismissal” and Why Should You Care?
    2022-01-04

    Despite the Supreme Court’s rejection of a structured dismissal in 2017,[1] there is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under Section 363 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Private equity
    Authors:
    Charles A. Dale , David M. Hillman , Libbie B. Osaben
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Private credit lenders - Navigating successor liability issues
    2021-08-25

    The primary investment thesis of a private credit lender is simple — get the loan repaid at maturity. Private credit lenders do not make loans as a means to acquire their borrower’s business. There are circumstances, however, where private credit lenders must be prepared to take ownership when the borrower is distressed and there is no realistic prospect of near-term loan repayment. Becoming the owner of a borrower’s business may very well be the loan recovery option of last resort.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP
    Authors:
    Charles A. Dale , David M. Hillman
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Three Key Considerations for Fund Sponsors when Participating in Bankruptcy Proceedings
    2021-07-06

    We anticipate a more assertive regulatory enforcement program under the Biden administration, particularly focused on fund managers’ conflicts of interest, advisers’ codes of ethics, and related policies and procedures relating to material nonpublic information. These concerns may be heightened for fund managers participating in bankruptcy proceedings, where competing fiduciary obligations arise, particularly in the context of serving on creditors committees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Proskauer Rose LLP, Unsecured creditor, Securities fraud, US Securities and Exchange Commission, US Department of Justice
    Authors:
    Joshua M Newville , Erica T. Jones
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    New York Department of Financial Services Issues Guidance on Cryptoasset Custody in Wake of Recent High-Profile Bankruptcies
    2023-02-07

    Demand for virtual currency services, including custody services, has soared in the past several years. Like their counterparts in traditional finance, these custodians are stewards of retail and institutional customer funds and serve an important and valuable function. However, as evidenced by a number of headline-grabbing failures during the lingering crypto winter, inadequate disclosures and poor custodial practices can seriously harm retail and institutional customers alike.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, IT & Data Protection, Proskauer Rose LLP, Blockchain, Cryptocurrency, Virtual currency, Insolvency, US Securities and Exchange Commission, FTX
    Authors:
    Timothy Q Karcher
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    A Game of Survivor: Private Credit Restructuring Year in Review
    2021-02-23

    Private credit lenders started 2020 both with anticipation and trepidation. Activity levels were strong and default levels were at historic lows, but private credit lenders worried about the risk of economic headwinds – after all, we were then in the extra innings of the longest economic recovery on record.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Private equity, Coronavirus
    Authors:
    Peter J. Antoszyk , Vincent Indelicato
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Portfolio Company Insolvency: Risk Mitigation Strategies for Fund Sponsors and Board Designees
    2021-02-17

    COVID-19 continues to disrupt normal business operations, creating liquidity problems and negative working capital for many companies. As fund sponsors take actions to help their portfolio companies navigate through this time, they should also sensitize directors to insolvency issues and the associated litigation risks.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Proskauer Rose LLP, Coronavirus
    Authors:
    Jonathan M. Weiss
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    The “Golden Share”: All That Glitters Is Not Gold
    2020-05-18

    A recent, highly anticipated ruling by a Bankruptcy Court in Delaware has reilluminated the concept of a "golden share". While an appeal of the ruling seems likely, this latest ruling by Delaware Bankruptcy Judge Mary F. Walrath suggests that as the COVID-19 outbreak continues to disrupt businesses and send shockwaves through the economy, courts may look at the specific circumstances of each case and weigh the interests of all corporate stakeholders in determining whether to enforce a "bankruptcy blocker".

    What is a "Golden Share"?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Coronavirus
    Authors:
    Peter J. Antoszyk , Charles A. Dale , Kyle R. Junik , Szeman F. Lam
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    The Long and Short of It: Anti-Net Short Provisions in NDAs
    2020-08-05

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Proskauer Rose LLP, Private equity, Non-disclosure agreement, Coronavirus
    Authors:
    Vincent Indelicato
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    UK Tax Round Up
    2020-06-30

    UK COVID-19 Developments

    HMRC updates its trading activities guidance

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Proskauer Rose LLP, Coronavirus, European Commission, HM Revenue and Customs (UK), UK House of Commons, Court of Justice of the European Union
    Authors:
    Catherine Sear , Stephen Pevsner
    Location:
    United Kingdom
    Firm:
    Proskauer Rose LLP
    Corporate Insolvency and Governance Bill: Behind the Detail
    2020-06-03

    Further to our last update on prospective changes to the UK insolvency regime in light of COVID-19, the UK government revealed the Corporate Insolvency and Governance Bill on 20 May.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Proskauer Rose LLP, Coronavirus
    Authors:
    Elisabeth I. Baltay , Andrew Wingfield
    Location:
    United Kingdom
    Firm:
    Proskauer Rose LLP

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