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    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
    Circuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
    2016-08-22

    On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe harbor" applicable to constructive fraudulent transfers that are settlement payments made in connection with securities contracts does not protect "transfers that are simply conducted through financial institutions (or the other entities named in section 546(e)), where the entity is neither the debtor nor the transferee but only the conduit."FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Debtor, Security (finance), Fraud, Safe harbor (law), Federal Reporter, Leveraged buyout, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Eleventh Circuit, Sixth Circuit, Seventh Circuit
    Authors:
    Bruce Bennett , Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan
    2016-04-01

    One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of stakeholders of which no class has given approval. However, it is sometimes an invitation to creative machinations designed to muster the requisite votes for confirmation of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Sixth Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Fourth Circuit Finds That Bankruptcy Court Sale Orders Should Be Granted Preclusive Effect
    2016-03-18

    In Providence Hall Associates Limited Partnership v. Wells Fargo Bank, N.A., the Fourth Circuit denied plaintiff’s attempt to receive a second bite at the apple, finding that plaintiff’s lawsuit was appropriately dismissed by the district court on res judicata grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Res judicata and issue estoppel, Wells Fargo, United States bankruptcy court, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Busted! Sixth Circuit holds creditor’s threat to pursue criminal charges against debtor falls outside criminal prosecution exception to automatic stay
    2015-10-20

    It is widely known that one of the basic tenets of U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court, Sixth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sixth Circuit “contributes” to section 503(b)(3)(d) debate – holds substantial contribution claim is available in a chapter 7 case
    2015-10-09

    Congress made clear in its enactment of section 503(b)(3)(D) of the Bankruptcy Code that, to the extent a creditor makes a substantial contribution in a chapter 9 or chapter 11 bankruptcy case, that creditor should be rewarded.  Because the reward — reimbursement of fees and expenses as administrative expenses of the estate —

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans
    2017-10-23

    The United States Second Circuit has issued its ruling in the Momentive Performance Materials casesresolving three separate appeals by different groups of creditors of Judge Bricetti’s judgment in the United States District Court of the Southern District of New York, which affirmed

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, SCOTUS, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Not So Fast: Sixth Circuit Dismisses Appeal of Bankruptcy Court Order Denying Approval of Proposed Settlement Agreement For Lack of Jurisdiction
    2016-06-16

    For those interested in a quick read with some juicy facts and egregious acts by the relevant practitioners, check out the recent opinion in Church Joint Venture, L.P. v. Blasingame (In re Blasingame), where the Sixth Circuit Court of Appeals held that an order denying approval of a proposed settlement agreement was not a final order susceptible to appeal as of right.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Sixth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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