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    FTC reiterates concern about data transfers in bankruptcy
    2011-10-03

    The head of the Federal Trade Commission’s (“FTC”) Consumer Protection Bureau, David Vladeck, recently questioned the planned sale of email addresses and other information for about 48 million consumers by Borders Group, Inc. (“Borders”) as part of that entity’s bankruptcy proceeding.3 In a public letter, Mr. Vladeck noted that the data held by Borders included records of merchandise purchased (video and books) that could be perceived as personal by many customers.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Venable LLP, Bankruptcy, Information privacy, Consumer protection, Personally identifiable information, Data, Consent, Subscription business model, Federal Trade Commission (USA), United States bankruptcy court
    Authors:
    Stuart P. Ingis , Michael A. Signorelli , Emilio W. Cividanes , Tara Sugiyama Potashnik , Julia Tama , Kelly A. DeMarchis
    Location:
    USA
    Firm:
    Venable LLP
    Charter Communications files for Chapter 11 protection
    2009-04-03

    Fulfilling the terms of an agreement reached with bondholders in February, Charter Communications submitted a petition for Chapter 11 protection last Friday to the U.S. Bankruptcy Court for the Southern District of New York. The bankruptcy petition would restructure a portion of the debt owed by St. Louis-based Charter, the nation’s fourth largest cable operator with more than 5.5 million subscribers. At the end of last year, Charter listed total debt obligations of $21.7 billion with annual interest costs approaching $2 billion.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Media & Entertainment, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Interest, Debt, Entrepreneurship, Subscription business model, Microsoft, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Charter reorganization plan approved by bankruptcy court
    2009-11-20

    Charter Communications stepped closer to emerging from Chapter 11 protection as a New York bankruptcy judge approved the company’s pre-arranged plan of reorganization on Tuesday. Based in St. Louis, Charter ranks as the nation’s fourth largest cable system operator with 4.9 million subscribers across 27 states. Straining under a debt load of $21.7 billion, Charter filed for bankruptcy protection in March after bondholders in possession of $8 billion of the company’s debt agreed to exchange their debt for equity in the reorganized entity. The plan endorsed by U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Media & Entertainment, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Swap (finance), Debt, Entrepreneurship, Subscription business model, Cashflow, Microsoft, Chief executive officer, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Enforceability of capital commitments in a subscription credit facility
    2011-07-07

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Mayer Brown, Collateral (finance), Limited liability company, Consent, Limited partnership, Subscription business model, Default (finance), Line of credit, Articles of partnership, Secured loan
    Authors:
    Michael C. Mascia , Zachary K. Barnett , Wesley A. Misson , Mark C. Dempsey
    Location:
    USA
    Firm:
    Mayer Brown
    Distressed M&A: swap of debt for equity in an insolvent company to be simplified by a new law on the facilitation of the reorganization of enterprises
    2010-11-08

    As part of an intended comprehensive amendment of German insolvency law, the German Federal Ministry of Justice has prepared a draft of a new law to facilitate the reorganization of enterprises (“Reorganization Facilitation Act”). The new law will curtail the rights of shareholders of insolvent companies and allow capital measures and other corporate measures to be taken in the insolvency of a company without the participation of the shareholders. The new regulation is of interest to investors because it will significantly simplify the purchase of the shares of an insolvent company.

    Filed under:
    Germany, Corporate Finance/M&A, Insolvency & Restructuring, Jones Day, Share (finance), Shareholder, Fiduciary, Swap (finance), Consideration, Debt, Liability (financial accounting), Subscription business model, Balance sheet
    Authors:
    Dr. Volker Kammel
    Location:
    Germany
    Firm:
    Jones Day
    Thompson publishing files for bankruptcy, hoping to complete a 363 sale of assets
    2010-09-22

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Investment banking, Subscription business model, US Code, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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