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    Claims to Dividends Originating From Stock Trust Subordinated Under Section 510(b) of the Bankruptcy Code
    2019-12-13

    Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims asserted against a debtor by equity holders. However, courts do not always agree on the scope of the provision in attempting to implement its underlying policy objectives. The U.S. Court of Appeals for the Fifth Circuit recently examined the broad reach of section 510(b) in In re Linn Energy, 936 F.3d 334 (5th Cir. 2019).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Circuit Ruling Highlights Difference Between PROMESA Stay and Automatic Stay in Bankruptcy
    2017-04-13

    An important aspect of the Puerto Rico Oversight, Management, and Economic Stability Act, 48 U.S.C. §§ 2101–2241 ("PROMESA")—the temporary stay of creditor collection efforts that came into effect upon its enactment—was the subject of a ruling handed down by the U.S. Court of Appeals for the First Circuit. In Peaje Investments LLC v. García-Padilla, 845 F.3d 505 (1st Cir. 2017), the First Circuit affirmed in part and vacated in part a lower court order denying two motions for relief from the PROMESA stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, First Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Cram-Up Chapter 11 Plans: Reinstatement and Indubitable Equivalence
    2020-10-14

    "Cramdown" chapter 11 plans, under which a bankruptcy court confirms a plan over the objection of a class of creditors, are relatively common. Less common are the subset of cramdown plans known as "cram-up" chapter 11 plans. These plans are referred to as such because they typically involve plans of reorganization that are accepted by junior creditors and then "crammed up" to bind objecting senior creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Coronavirus, Title 11 of the US Code
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The Role of Self-Interest in Allowance of Substantial Contribution Claims in Bankruptcy
    2019-12-13

    To encourage creditors, equity interest holders, indenture trustees and unofficial committees to take actions that benefit a bankruptcy estate, section 503(b)(3)(D) of the Bankruptcy Code confers administrative priority on their claims for expenses incurred in making a "substantial contribution" in a chapter 9 or chapter 11 case. Administrative expense status is also given under section 503(b)(4) to their claims for reimbursement of reasonable professional fees incurred in making a substantial contribution. The U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Mark G. Douglas , Anna Kordas
    Location:
    USA
    Firm:
    Jones Day
    Chapter 15 Inapplicable Unless "Foreign Representative" Seeks Enforcement of Foreign Insolvency Court’s Order
    2017-04-13

    Chapter 15 of the Bankruptcy Code offers an effective mechanism for U.S. courts to provide assistance to non-U.S. courts presiding over the insolvency proceedings of foreign debtors with assets located in the U.S. An important feature of chapter 15 is "comity," the deference that U.S. courts give to the decisions of foreign courts under appropriate circumstances. A ruling recently handed down by the U.S. Court of Appeals for the Second Circuit illustrates that, although comity is an integral part of chapter 15, this chapter is far from the only context in which it applies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Jones Day, Debtor, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas , Timothy Hoffmann
    Location:
    USA
    Firm:
    Jones Day
    Claims Traders Alert: Another Bankruptcy Court Rules that a Traded Claim Can Be Disallowed if the Seller Received a Voidable Transfer
    2020-10-14

    The U.S. Bankruptcy Court for the Southern District of New York recently added some weight to the majority rule on a hot-button issue for claims traders. InIn re Firestar Diamond, Inc., 615 B.R. 161 (Bankr. S.D.N.Y. 2020), the court ruled that a transferred claim can be disallowed under section 502(d) of the Bankruptcy Code even if the entity holding the claim is not the recipient of a voidable transfer. According to the court, claim disallowance under section 502(d) "rests on the claim and not the claim holder."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Title 11 of the US Code
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Cross-Border Restructuring Update
    2019-12-13

    Proposed Amendments to Chapter 15 of the Bankruptcy Code

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, Google
    Authors:
    Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day
    In Brief: U.S. Supreme Court Invalidates Nonconsensual "Structured Dismissal" of Chapter 11 Case Incorporating Settlement Deviating From Bankruptcy Code’s Priority Scheme
    2017-04-13

    In a highly anticipated decision, the U.S. Supreme Court ruled on March 22, 2017, in Czyzewski v. Jevic Holding Corp., No. 15-649, 2017 BL 89680 (U.S. Mar. 22, 2017), that, without the consent of affected creditors, bankruptcy courts may not approve "structured dismissals" providing for distributions which "deviate from the basic priority rules that apply under the primary mechanisms the [Bankruptcy] Code establishes for final distributions of estate value in business bankruptcies."

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Unsecured debt, Liquidation, Title 11 of the US Code, SCOTUS, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases
    2017-03-31

    Background: Professionals’ Fees in Chapter 11 cases

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court, US District Court for SDNY
    Authors:
    Eli Blechman
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    You Can’t Buy Me Love and You Can’t Buy a 363(f) Order
    2016-07-27

    Under Section 363(f) of the Bankruptcy Code, a debtor or trustee can sell estate assets “free and clear of any interest” in such assets. This short, simple string of six words represents one of the most powerful tools in the bankruptcy professional’s arsenal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Consent, Foreclosure, Good faith, Secured creditor, Title 11 of the US Code, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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