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    Application of the absolute priority rule to pre-chapter 11 plan settlements: in search of the meaning of “fair and equitable”
    2007-05-31

    “Give ups” by senior classes of creditors to achieve confirmation of a plan have become an increasingly common feature of the chapter 11 process, as stakeholders strive to avoid disputes that can prolong the bankruptcy case and drain estate assets by driving up administrative costs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Share (finance), Bankruptcy, Shareholder, Debtor, Unsecured debt, Dividends, Consideration, Liquidation, Secured creditor, Motorola, Second Circuit, United States bankruptcy court, First Circuit, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Sovereign debt update- October 3, 2013
    2013-10-03

    On June 24, 2013, Argentina filed a petition asking the U.S. Supreme Court to review a ruling handed down by the U.S. Court of Appeals for the Second Circuit on October 26, 2012 (see NML Capital, Ltd. v. Republic of Argentina, 699 F.3d 246 (2d Cir. 2012)) upholding a lower-court order enjoining Argentina from making payments on restructured defaulted debt without making comparable payments to holdout bondholders. On July 26, 2013, the French government filed an amicus curiae (“friend of the court”) brief supporting Argentina’s petition. 

    Filed under:
    Argentina, USA, Insolvency & Restructuring, Litigation, Public, Jones Day, Bond (finance), Debt, Default (finance), Second Circuit
    Authors:
    Mark G. Douglas
    Location:
    Argentina, USA
    Firm:
    Jones Day
    Safe harbor redux: the Second Circuit revisits the Bankruptcy Code’s protection against avoidance of securities contract payments
    2013-07-31

    “Safe harbors” in the Bankruptcy Code designed to minimize “systemic risk”—disruption in the securities and commodities markets that could otherwise be caused by a counterparty’s bankruptcy filing—have been the focus of a considerable amount of judicial scrutiny in recent years. The latest contribution to this growing body of sometimes controversial jurisprudence was recently handed down by the U.S. Court of Appeals for the Second Circuit.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Security (finance), Safe harbor (law), Debtor in possession, Title 11 of the US Code, Second Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tenth Circuit: fraudulently transferred assets not estate property until recovered
    2013-07-31

    The U.S. Court of Appeals for the Tenth Circuit―in Rajala v. Gardner, 709 F.3d 1031 (10th Cir. 2013)―has joined the Second Circuit and departed from the Fifth Circuit by holding that an allegedly fraudulently transferred asset is not property of the estate until recovered pursuant to section 550 of the Bankruptcy Code and therefore is not covered by the automatic stay. According to the court, its decision “gives Congress’s chosen language its ordinary meaning, and abides by a rule against surplusage.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Second Circuit, Fifth Circuit, Tenth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-07-30

    Recent developments

    Filed under:
    Netherlands, Spain, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Public company, Shareholder, Amicus curiae, Debt, Articles of association, Fonds monétaire international, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Bruce Bennett , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Netherlands, Spain, United Kingdom, USA
    Firm:
    Jones Day
    Chapter 15 petition date “anchors” COMI analysis
    2013-06-01

    October 17, 2013, will mark the eighth anniversary of the enactment of chapter 15 of the U.S. Bankruptcy Code as part of the comprehensive U.S. bankruptcy-law reforms implemented in 2005. Chapter 15, which governs cross-border bankruptcy and insolvency cases, is patterned after the Model Law on Cross-Border Insolvency (the “Model Law”), a framework of legal principles formulated by the United Nations Commission on International Trade Law (“UNCITRAL”) in 1997 to deal with the rapidly expanding volume of international insolvency cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Liquidation, UNCITRAL, Second Circuit
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    EuroResource--deals and debt
    2013-04-29

    Recent Developments

    Filed under:
    Argentina, France, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Tax, Jones Day, Bond (finance), Hedge funds, Debt, Default (finance), UNCITRAL, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , David Roger , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Argentina, Cyprus, France, United Kingdom, USA
    Firm:
    Jones Day
    Losing Both Ways: Debtor Diligence in the Identification of Claims
    2016-08-03

    Two recent cases serve as reminders the devil is truly in the details.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fiduciary, Liability (financial accounting), Liquidation, Subject-matter jurisdiction, General Motors, Second Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Sabine Lives On (and On): Bankruptcy Court Rejects Immediate Appeal to Second Circuit and Motion for Stay
    2016-07-04

    Editor’s Note: On June 16, 2016, The Bankruptcy Cave gave you our summary of the controversial Sabine decision. At that time, post-hearing motions were pending.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Interest, Gambling, SCOTUS, Second Circuit, United States bankruptcy court, US District Court for SDNY
    Authors:
    Craig K. Schuenemann
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Click to appeal: recent Second Circuit decision a cautionary tale regarding electronically filed notices of appeal
    2015-11-09

    A recent Second Circuit Court of Appeals decision, Franklin v. McHugh, 2015 WL 6602023 (2d Cir. 2015), illustrates the dire consequences of failing to comply fully with all electronic filing requirements for a notice of appeal.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Second Circuit
    Authors:
    Bryce A. Suzuki , Justin A. Sabin
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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