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    The bankruptcy court’s ruling is in: j&j’s Texas two-step does not constitute a bad faith filing
    2022-03-02

    Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, United States bankruptcy court
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    How Do The Changes to the UK Insolvency Laws apply to Energy Companies?
    2020-09-16

    As we discussed in our previous blog relating to the Supplier of Last Resort Process, energy company insolvencies bring with them a range of different processes and requirements which other companies do not need to consider.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Squire Patton Boggs
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Cannabis and Bankruptcy: 2019 in Review
    2019-12-17

    Courts struggled this year to find a balance between state-licensed cannabis activity and the federal right to seek bankruptcy protection under the Bankruptcy Code. During 2019, we had the first circuit-level opinion in the bankruptcy/cannabis space that appeared to open the door to bankruptcy courts, albeit slightly. We also had lower court opinions slamming that door shut. Below, we look at a few of the most important decisions issued throughout 2019 and analyze the current state of the law.

    The Ninth Circuit Court of Appeals’ Garvin Decision

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Cannabis, Title 11 of the US Code
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy Court Gives And Then Takes Away In Latest Stern-Related Ruling
    2019-04-05

    What are the limits of a bankruptcy court’s authority to issue final orders and judgments? Does a bankruptcy court have authority under Article III of the U.S. Constitution to enter final orders in quintessential bankruptcy matters such as fraudulent transfer claims, or are the court’s powers more constrained? While the Supreme Court’s rulings in Stern v. Marshall, 546 U.S. 462 (2011), Executive Benefits Ins. Agency v. Arkison, 573 U.S. 25 (2014) and Wellness International Network, Ltd. v. Sharif, 135 S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Supreme Court Extends Bankruptcy Protections To Even Dishonest Debtors
    2018-06-05

    Can an individual debtor make an oral false statement about an asset to a creditor and get away with it by discharging the creditor’s claim in his or her bankruptcy? On June 4, 2018, the Supreme Court issued its opinion in Lamar, Archer & Cofrin, LLP v. Appling in which the Court unanimously answered this question in the affirmative.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs, Bankruptcy
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Are You Breaking Up with Me? Termination Fees in Bankruptcy Called into Question
    2017-10-23

    In a move that surprised bankruptcy practitioners and other observers, a Delaware bankruptcy court recently rescinded an order approving a $275 million break-up fee relating to a failed merger.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Third Circuit Tells Construction Suppliers to “Play by the Rules” of Bankruptcy
    2017-05-08

    In an opinion by Judge Roth issued on March 30, 2017, the Court of Appeals for the Third Circuit held that two suppliers who had sold electrical materials to a bankrupt contractor had violated the automatic stay by asserting a construction lien against the owner of the development where the contractor had installed the materials supplied.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Supply chain, United States bankruptcy court, Third Circuit
    Authors:
    Aditi Kulkarni-Knight
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Marblegate’s Lost Marbles and Why Bondholders and Indenture Trustees Should Care
    2017-01-18

    This week the U.S. Court of Appeals for the Second Circuit issued its highly-anticipated ruling in Marblegate Asset Management, LLC v. Education Management Corp. (“Marblegate”). At issue in Marblegate was whether Education Management Corp. (“EDMC”) violated the Trust Indenture Act when it implemented a restructuring that impaired the rights of Marblegate Asset Management, LLC (“MAM”). The Second Circuit reversed the District Court’s decision in favor of MAM, and held that EDMC’s restructuring did not violate the TIA.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Second Circuit
    Authors:
    Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Teenagers And The D.C. Circuit Agree: Internet Service Is A Utility - Will Bankruptcy Courts Follow?
    2016-09-13

    The topic of net neutrality has continued to be at the forefront of public discourse over recent years. This is the result of the FCC’s repeated attempts to impose regulations designed to protect consumers while at the same time telecom companies seek to control their product and the services they provide without what they contend is burdensome regulation. This summer, in U.S. Telecommunication Association v. FCC, the D.C.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Telecoms, Squire Patton Boggs, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The “Texas Two-Step” Firestorm: This Is No Dance!
    2022-02-21

    In recent weeks, a move dubbed the “Texas Two-Step” has leaped from coverage first in publications geared only for the professional restructuring community, then to the mainstream press, then to hearings before the United States Senate Judiciary Committee, and now to a full-blown trial ongoing in a New Jersey bankruptcy court.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs

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