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    Treatment of Gas Gathering Contracts in Bankruptcy
    2016-03-14

    On March 8, 2016, Judge Shelly Chapman, presiding over the Chapter 11 cases of Sabine Oil & Gas Corporation and its affiliates ("Sabine"), granted Sabine's motion to reject certain midstream agreements between Sabine and Nordheim Eagle Ford Gathering ("Nordheim") and between Sabine and HPIP Gonzales Holdings, LLC ("HPIP"). Although the ruling as a procedural matter determined only whether rejection of the agreements was justified under section 365 of the Bankruptcy Code, the Court's analysis of the agreements under Texas law presaged a subsequent ruling on the nature of the agreements.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons
    Location:
    USA
    Firm:
    Dentons
    Advising directors of companies that are insolvent or in the zone of insolvency
    2010-06-15

    The saying goes that when the United States sneezes, Canada gets a cold. Accordingly, when the most recent economic recession hit the United States, the financial health of many Canadian companies predictably suffered.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Dentons
    Location:
    Canada, USA
    Firm:
    Dentons
    Current trends in oil and gas finance
    2016-02-18

    Leslie Benedict: “Money isn’t everything, Jett”
    Jett Rink: “Not when you’ve got it.”
    Giant (1956)

    Filed under:
    USA, Banking, Energy & Natural Resources, Insolvency & Restructuring, Dentons
    Authors:
    Robert E. Richards , Kwame Nkrumah Cain
    Location:
    USA
    Firm:
    Dentons
    Implications for asbestos-related future claims: in re Grossman's Inc.
    2010-06-09

    INTRODUCTION

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Bankruptcy, Debtor, Federal Reporter, Due process, Negligence, Warranty, Precondition, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, Third Circuit, Fourth Circuit
    Authors:
    Carole Neville
    Location:
    USA
    Firm:
    Dentons
    OAS Chapter 15 decision sheds new light on cross-border insolvency practice, but may add complexity to financial institutions' global credit risk management
    2015-07-27

    In an interesting decision with important implications for both Chapter 15 practice and financial institutions’ global credit risk analyses, a US Chapter 15 court (the “Court”) granted recognition of a number of Brazilian proceedings involving entities within the OAS Group.  See In re OAS S.A. et al., Case No. 15-10937 (SMB) (Bankr.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Dentons, Credit risk
    Location:
    USA
    Firm:
    Dentons
    Erosion of secured creditor rights by recent Philadelphia Newspapers decision
    2010-03-30

    On March 22, 2010, in a 2-1 decision, the Court of Appeals for the Third Circuit held that a debtor may proceed with an auction sale under a Chapter 11 plan without providing a secured lender the right to credit bid for its collateral.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Dissenting opinion, Secured creditor, Secured loan, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Hugh M. McDonald
    Location:
    USA
    Firm:
    Dentons
    Distressed debt: loan to own investment strategies after Fisker
    2015-04-07

    In a “loan-to-own” investment, an investor acquires secured debt at a discount to leverage the face amount of the debt in an asset purchase or debt-to-equity swap. For example, if an investor can buy US$50 million worth of debt for US$25 million, it can, in a bankruptcy proceeding, bid on the underlying assets that secure the debt at a 50 percent discount, because the investor can credit bid the face value of the debt as the equivalent of cash in a sale of collateral in bankruptcy, thus creating a competitive advantage over cash or strategic bidders.

    Filed under:
    USA, Insolvency & Restructuring, Dentons, Bankruptcy, Debt, Secured loan
    Location:
    USA
    Firm:
    Dentons
    A guide to surviving the Kemper liquidation
    2010-02-04

    In response to an imminent Order of Liquidation against the Kemper Insurance Companies, we have prepared the following “frequently asked questions” guide summarizing issues related to: (i) the financial regulation of insurance companies; (ii) the liquidation and proof of claim process in Illinois; (iii) potential recovery by policyholders of the amount of “covered” workers’ compensation claims from state guaranty associations; (iv) policyholder collateral; and (v) planning a response to the Kemper liquidation.1

    I. FINANCIAL REGULATION OF INSURANCE COMPANIES

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Insurance, Dentons, Confidentiality, Dividends, Financial regulation, Liquidation, Insurance commissioner
    Authors:
    Corinne Carr
    Location:
    USA
    Firm:
    Dentons
    Should the UK adopt Cape Town’s Alternative A Insolvency regime? Lessons from the US and Canada
    2014-12-11

    This article first appeared in the December 2014 edition of Corporate Rescue & Insolvency journal. Written by Deepak Reddy in Dentons' New York office, Carlo Vairo in Dentons’ Toronto office and Alexander Hewitt in Dentons' London office.

    Key Points

    Filed under:
    Canada, United Kingdom, USA, Aviation, Insolvency & Restructuring, Dentons
    Authors:
    Alexander Hewitt
    Location:
    Canada, United Kingdom, USA
    Firm:
    Dentons
    Ancillary foreign proceedings in Canada
    2009-08-31

    Lear Corporation, a Delaware corporation, its Canadian subsidiaries, and other affiliates, sought an Order under s. 18.6 of the Companies’ Creditors Arrangement Act (“CCAA”) for a declaration that Chapter 11 proceedings in the U.S. Bankruptcy Court (New York) constituted “foreign proceedings” and for a stay of proceedings. Introduced to the CCAA in 1997 to assist with the administration of the increasing number of cross-border insolvencies, s.18.6 is aimed at increasing cooperation, comity, and coordination between courts of different jurisdictions.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debtor, Stakeholder (corporate), Comity, Cashflow, Subsidiary, Delaware General Corporation Law, United States bankruptcy court
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada, USA
    Firm:
    Dentons

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