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    Bankruptcy Court Upholds Indian Tribe’s Sovereign Immunity
    2020-11-05

     In a decision published October 19, 2020, Judge Frank J. Bailey of the U.S. Bankruptcy Court for the District of Massachusetts found that an Indian tribe was not subject to the Bankruptcy Code’s automatic stay.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Mintz, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    363 Sales as a Health Care M&A Tool, Part 2 - Pros and Cons for Buyers and Sellers
    2020-09-11

     

    Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a “363 Sale”). We are back with our second post, to provide more detail to the process and discuss some pros and cons of 363 Sales.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Due diligence, Non-disclosure agreement, Title 11 of the US Code
    Authors:
    Timothy J. McKeon
    Location:
    USA
    Firm:
    Mintz
    Third Circuit Upholds Cramdown, Downplays Subordination Agreement
    2020-09-04

    The U.S. Court of Appeals for the Third Circuit recently confirmed that bankruptcy plans need not always recognize subordination agreements among creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Title 11 of the US Code
    Authors:
    Aaron M. Williams
    Location:
    USA
    Firm:
    Mintz
    Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection
    2020-06-02

    Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy. Please note that this advisory focuses specifically on a Chapter 11 bankruptcy (pursuant to which a business will be reorganized) rather than Chapter 7 bankruptcy (pursuant to which a business will be liquidated).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Coronavirus, Title 11 of the US Code, Equal Employment Opportunity Commission (USA), NLRB
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Chapter 11 permits modification and extension of loans without consent of the lender
    2009-01-09

    As a result of the meltdown of the financial markets, lenders are severely constricting new credit facilities and refusing to renew expiring facilities. The Bankruptcy Code's chapter 11 provides a powerful mechanism for an otherwise viable business to restructure and extend its outstanding debt and in many cases, reduce interest rates on loan facilities.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Discrimination, Interest, Debt, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Insurers denied standing in plan confirmation; court allows channeling injunction for silica claims and assignment of policies to trust
    2008-08-11

    The United States District Court for the Western District of Pennsylvania has affirmed two final orders of the bankruptcy court finding that (1) the debtor's insurers lacked standing to object to confirmation of the bankruptcy plan; (2) a channeling injunction for silica claims was appropriately included in the debtor's plan; (3) an assignment of the debtor's rights under its insurance policies to the personal injury trust was authorized by bankruptcy law; and (4) the debtor's reorganization plan was confirmable under the Bankruptcy Code. Hartford Accident & Indemnity Co. v.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Injunction, Federal Reporter, Standing (law), Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court upholds individual states’ rights to tax certain bankruptcy sales
    2008-06-20

    On June 16, 2008, Justice Clarence Thomas delivered the opinion of the court in Florida Department of Revenue v. Piccadilly Cafeterias, Inc. In a 7-2 decision, the Supreme Court reversed the decision of the U.S. Court of Appeals for the Eleventh Circuit and held that § 1146(a) provides an exemption to state stamp taxes only where a sale occurs pursuant to a plan that has been confirmed, and did not properly apply to a case where the plan was confirmed several months after the bankruptcy court approved the sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Dissenting opinion, Stamp duty, Majority opinion, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Identifying and dealing with a financially troubled franchisee: what franchisors can do to prepare for a franchisee bankruptcy or receivership
    2008-05-09

    In the last issue of Franchise Alert, we discussed how to spot signs of franchisee financial distress at an early stage. Here, we present some steps franchisors can take to deal with financially distressed franchisees.

    Update Files

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Surety, Debtor, Accounts receivable, Consent, Due diligence, Franchise agreement, Precondition, Default (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Fourth Circuit protects rights of patent licensees in cross-border bankruptcy case
    2013-12-05

     

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Debtor, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court holds oral argument in Piccadilly Cafeterias: ability of state and local governments to tax transfers on sales approved outside of a chapter 11 plan before the court
    2008-03-28

    On March 26, 2008, the United States Supreme Court heard oral argument in the case of State of Florida Department of Revenue v. Piccadilly Cafeterias, Inc. to consider the United States Court of Appeals for the Eleventh Circuit's ruling that a bankruptcy court may exempt certain state and local taxes in a sale approved prior to confirmation of a chapter 11 plan under § 1146(c) of the Bankruptcy Code.

    Introduction

    Section 1146(a) (formerly, and for the purposes of this case § 1146(c)) of the Bankruptcy Code provides:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Consideration, Amicus curiae, Liquidation, Bright-line rule, Stamp duty, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Eleventh Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP

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