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    SDNY Amends Guidelines for Prepackaged Chapter 11 Cases
    2024-01-22

    On January 22, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York entered General Order M-621 adopting amended procedural guidelines governing prepackaged Chapter 11 cases.

    The guidelines provide a comprehensive framework for the administration of prepackaged Chapter 11 cases in the district. Among other things, they recognize and address “Rapid Prepackaged Chapter 11 Case[s],” defined as cases “where the Debtor seeks confirmation of the plan to be granted between one (1) and fourteen (14) days after the petition date.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, US Congress
    Authors:
    Robert D. Drain, , Moshe S. Jacob
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Fourth Circuit Holds That Bankruptcy Courts Are Not Limited by the ‘Case and Controversy’ Requirement of Article III
    2023-12-13

    Key Points

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, US Congress, Supreme Court of the United States
    Authors:
    Robert D. Drain,
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
    2024-07-22

    Building on emerging trends, 2024 has seen a continued rise in the use of equity-linked debtor-in-possession (DIP) financing in Chapter 11 cases.

    Recent examples from WeWork and Enviva illustrate how stakeholders are leveraging this innovative tool to drive broader reorganization strategies and outcomes rather than as a mechanism solely providing interim financing to fund a debtor’s operations during the pendency of its bankruptcy case.

    WeWork

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP
    Authors:
    Shana A. Elberg , Moshe S. Jacob , Bram A. Strochlic
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    SDNY Adopts Guidelines for Combined Hearing on Disclosure Statement Approval and Chapter 11 Plan Confirmation
    2024-06-06

    On May 31, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York (SDNY) entered General Order M-634, adopting guidelines for combining the processes for Chapter 11 plan confirmation under Section 1129 of the Bankruptcy Code and disclosure statement approval under Section 1125 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP
    Authors:
    Robert D. Drain, , Moshe S. Jacob
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Beyond Traditional Financing: Exploring Equity-Linked DIP Strategies in WeWork and Enviva
    2024-06-11

    Building on emerging trends, 2024 has seen a continued rise in the use of equity-linked debtor-in-possession (DIP) financing in Chapter 11 cases.

    Recent examples from WeWork and Enviva illustrate how stakeholders are leveraging this innovative tool to drive broader reorganization strategies and outcomes rather than as a mechanism solely providing interim financing to fund a debtor’s operations during the pendency of its bankruptcy case.

    WeWork

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Supreme Court of the United States
    Authors:
    Moshe S. Jacob , Shana A. Elberg , Bram A. Strochlic
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Early Stage Capital Raising Trends in Chapter 11 Reorganizations
    2023-06-27

    Key Points

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Supreme Court of the United States
    Authors:
    Robert D. Drain, , Shana A. Elberg , Evan A. Hill , Jaclyn F. Kleban
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    As SPAC Boom Subsides, Some De-SPACed Companies Seek Chapter 11 Protection
    2023-04-20

    Key Points

    Filed under:
    USA, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Initial public offerings, SPAC
    Authors:
    Shana A. Elberg , Christopher M. Dressel
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    An Introduction to the Unique Issues in Bank Holding Company Bankruptcies
    2023-03-17

    On March 17, 2023, the parent of Silicon Valley Bank (SVB) filed for Chapter 11 protection in the Southern District of New York. Unlike SVB itself, its parent, as a bank holding company, was eligible for Chapter 11. In the wake of the recent SVB and Signature Bank failures, it is important for those with potential claims against the parents of failed banks to understand the distinct rules and issues in bank holding company bankruptcies.

    Filed under:
    USA, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    James J Mazza Jr , Ron E. Meisler , Van C. Durrer II , Shana A. Elberg , Joseph O. Larkin , Justin M. Winerman , Robert E. Fitzgerald
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Bank of England Resolves Silicon Valley Bank UK Through Sale to HSBC
    2023-03-13

    The Bank of England (BoE) has announced that Silicon Valley Bank UK Limited (SVB UK) will be sold to HSBC UK Bank Plc (HSBC). This is being carried out under the aegis of the Special Resolution Regime (SRR) — a bespoke pre-insolvency regime applicable to failing banks1 — set forth in the Banking Act 2009 (the Act).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, HSBC, Bank of England, Prudential Regulation Authority (UK), Silicon Valley Bank, Banking Act 2009 (UK)
    Authors:
    Simon Toms , Azad Ali , David Wang
    Location:
    United Kingdom
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    US Government Takes Major Steps To Make Depositors Whole and Provide Liquidity
    2023-03-12

    This alert provides background on the failure of Silicon Valley Bank and explains significant recent developments, including the subsequent failure of Signature Bank and the U.S. government’s announcement that the Federal Deposit Insurance Corporation (FDIC) will make whole all depositors of both institutions. This alert also describes the new program simultaneously announced by the Federal Reserve to provide additional liquidity to the banking industry.

    Run on Silicon Valley Bank

    Filed under:
    USA, Banking, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Venture capital, Federal Deposit Insurance Corporation (USA), Bank of England
    Authors:
    Brian D. Christiansen , Sven G. Mickisch , Bao Nguyen
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP

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