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    Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes
    2019-09-01

    The Third Circuit recently took a “pragmatic approach” when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. In re S.S. Body Armor I, Inc., 2019 WL 2588533 (3d Cir. June 25, 2019). After holding that the district court’s “stay denial order” was “final” for jurisdictional purposes, it also confirmed “the applicable standard of review” on motions for stays pending appeals.

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    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Third Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The U.S. Supreme Court Rules That Rejection of a Trademark License Agreement in Bankruptcy Does Not Strip the Licensee of Its Right to Use the Trademark
    2019-08-19

    In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement, which constitutes a breach of the agreement under section 365(g) of the Bankruptcy Code, does not terminate the rights of the licensee that would survive the licensor’s breach under applicable non-bankruptcy law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Jones Day, Debtor, US Congress, Title 11 of the US Code, Eighth Circuit, Supreme Court of the United States, Third Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Third Circuit Denies Defendants’ Request for Unlimited Access to Exhibits Submitted to Bankruptcy Trusts U.S. Court of Appeals, Third Circuit, August 19, 2019
    2019-08-21

    Defendants Honeywell and Ford Motor appealed the District Court’s decision affirming the denial of “unconditional access” to numerous exhibits submitted in connection with “administering nine asbestos bankruptcies.” The court had previously permitted review of the documents for three months with certain limitations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP, Third Circuit
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes
    2019-07-03

    The Third Circuit recently took a “pragmatic approach” when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. In re S.S. Body Armor I, Inc., 2019 WL 2588533 (3d Cir. June 25, 2019). After holding that the district court’s “stay denial order” was “final” for jurisdictional purposes, it also confirmed “the applicable standard of review” on motions for stays pending appeals.

    Relevance

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, United States bankruptcy court, Third Circuit, Sixth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Court Adopts New Procedures and Standards for Appointing Future Claimants' Representatives in Asbestos Bankruptcies
    2019-04-23

    A Georgia bankruptcy court on April 17 issued a significant ruling that breaks new ground concerning how future claimants’ representatives in asbestos bankruptcies (FCRs) are chosen. In In re The Fairbanks Co., Case No. 18-41768-PWB (Bankr. N.D. Ga.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Crowell & Moring LLP, Bankruptcy, Third Circuit
    Authors:
    Mark D. Plevin
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Delaware Court Holds Environmental Claim of Unknown Claimant Discharged by Chapter 11 Plan
    2019-04-08

    Addressing unknown future claims in a chapter 11 bankruptcy involves two competing concerns: (a) providing a debtor with a fresh start and (b) providing an unwitting claimant with due process. These competing concerns clash when a debtor seeks to confirm its plan of reorganization, which is intended to provide remedies to all the debtor’s creditors and provide the debtor with a discharge of all pre-confirmation liabilities.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Debtor, The New York Times, Third Circuit, US District Court for District of Delaware
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Fifth Circuit Holds that Chapter 11 Plan Does not "Impair" Claimants by Denying Make-Whole Rights and Contractual Interest
    2019-03-29

    In Keystone Gas Gathering, L.L.C.v. Ad Hoc Committee of Unsecured Creditorsof Ultra Resources, Incorporated (In re Ultra Petroleum Corporation), Case No. 17-20793, –F.3d–, 2019 WL 237365 (5th Cir. Jan. 17, 2019) (Oldham, J.), the Fifth Circuit Court of Appeals recently held that a class of creditors is not “impaired” by a reorganization plan simply because it (a) incorporates the Bankruptcy Code’s restrictions on payment of unmatured interest and (b) fails to award unsecured creditors interest at the contractual rate.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Debtor, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    An Interesting Decision: Fifth Circuit Questions Whether Make-Wholes Should Be Disallowed as ‘Unmatured Interest’
    2019-02-25

    On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that “impairment” under a plan of reorganization does not arise even if a creditor is paid less than it would be entitled to under its contract, so long as the reduced recovery is due to the plan’s incorporation of the Bankruptcy Code’s disallowance provisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Joel Moss , Solomon J. Noh , Ned S. Schodek , Fredric Sosnick
    Location:
    USA
    Firm:
    A&O Shearman
    Not Caring about (Profit) Sharing: Third Circuit Invalidates Profit-Sharing Clause on Anti-Assignment Grounds
    2019-01-22

    Can a profit-sharing provision in a commercial lease survive assumption and assignment by a debtor? Analyzing such a provision, the Third Circuit answered “no,” finding the provision to constitute an unenforceable anti-assignment provision. Haggen Holdings, LLC v. Antone Corp, 739 Fed. Appx. 153 (2018).

    Legal and Factual Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Dechert LLP, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Is Your Approved Break-Up Fee Safe?
    2019-01-03

    After Energy Future Holdings (EFH), maybe not so much. The size of the break-up fee approved by the bankruptcy court in EFH was undoubtedly large by any account – US$275 million. But it was approved following all necessary filings, notice and hearings. All parties and counsel involved were highly sophisticated and experienced. The court that approved the fee was the Delaware bankruptcy court, by all accounts one of the most experienced and sophisticated bankruptcy courts in the nation. And there wasn’t even a hint of fraud, misrepresentation or failure to disclose material facts.

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Dechert LLP

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