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    NJ Bankruptcy Case Takes Aim at Small Business Financing — Merchant Cash Advances and Bank Partnerships
    2017-04-10

    A complaint filed March 23 by the bankruptcy trustee for Lam Cloud Management, LLC in the United States Bankruptcy Court for the District of New Jersey challenges two small business financing models: (i) merchant cash advances (“MCAs”); and (ii) small business loans originated under bank partnerships.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Mayer Brown
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy—powers of bankruptcy courts
    2015-05-26

    Wellness International Network, Ltd. v. Sharif, No. 13-935 (previously described in the July 1, 2014, Docket Report)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, United States bankruptcy court
    Authors:
    Thomas S. Kiriakos , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    In re Fairfield Sentry Ltd.: Second Circuit Court of Appeals provides guidance to “COMI” determinations in Chapter 15 cases
    2013-04-19

    On April 16, 2013, in Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.),1 the US Court of Appeals for the Second Circuit issued an important decision informing fundamental concepts of cross-border insolvency law as implemented pursuant to Chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Brian Trust , Frederick D. Hyman , Joel Moss
    Location:
    USA
    Firm:
    Mayer Brown
    Enforceability of capital commitments in a subscription credit facility
    2011-07-07

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Mayer Brown, Collateral (finance), Limited liability company, Consent, Limited partnership, Default (finance), Line of credit, Secured loan
    Location:
    USA
    Firm:
    Mayer Brown
    Purpose statements in engagement letters could prove costly if not drafted appropriately
    2010-02-25

    A recent decision by the US District Court for the Southern District of New York regarding the terms of an engagement letter demonstrates the need to clearly articulate the intended purpose and scope of an engagement. As the case described below demonstrates, if there is any ambiguity with regard to whether or not a fee must be paid and/or when an engagement is terminated, the resolution of such ambiguity may depend upon the description of the engagement’s purpose.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debt, Investment banking, Limited partnership, Credit Suisse, United States bankruptcy court
    Authors:
    David K. Duffee , William V. Jacobsen, Jr.
    Location:
    USA
    Firm:
    Mayer Brown
    SDNY: Murabaha Agreements Do Not Qualify for Safe-Harbor Treatment in Bankruptcy
    2022-08-11

    In a recent opinion arising from the Chapter 11 proceedings of Arcapita Bank, Judge Alvin Hellerstein of the US District Court for the Southern District of New York affirmed a bankruptcy court decision denying safe-harbor protection to Shari’a-compliant Murabaha investment agreements.1 Specifically, the district court held that the Murabaha agreemen

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bankruptcy, US District Court for SDNY
    Location:
    USA
    Opinion of Interest - In re Dura Automotive Systems, LLC: Delaware Bankruptcy Court Affirms Inability to “Impliedly” Assume Executory Contracts
    2021-07-30

    In a recent opinion from the Delaware Bankruptcy Court in the Dura Automotive Systems bankruptcy case,[1] Judge Karen Owens held that executory contracts cannot be impliedly assumed through course of conduct by the parties, under binding Third Circuit precedent, notwithstanding that a minority of courts outside of the Third Circuit have allowed it

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re United Refining Company: Destruction of Records and the Accrual of Tort Claims
    2021-02-19

    In a January 2021 decision issued in the re-opened United Refining Company1 bankruptcy case, Judge Lopez of the Southern District of Texas Bankruptcy Court addressed when a tort claim is deemed to arise for purposes

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Youmi Kim , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Financing Your Way Out of a Pandemic: How Two Airport Companies Restructured Their Debt to Withstand an Economic Crisis
    2020-09-29

    In a pair of private exchange offers consummated in May 2020, airport operating companies owned by Corporacin Amrica Airports S.A. (NYSE: CAAP) in Argentina and Uruguay were able to restructure their existing debt securities in order to withstand the substantial revenue declines associated with the drop-off in air travel as a result of the coronavirus pandemic ("COVID-19").

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus
    Authors:
    Douglas A. Doetsch
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy trustee appeals Seventh Circuit’s ruling on sufficiency of UCC collateral description to US Supreme Court
    2020-01-27

    Last October we highlighted an important ruling issued in September 2019 by the Seventh Circuit in the bankruptcy proceeding of In re I80 Equipment, LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, SCOTUS, Illinois Supreme Court
    Location:
    USA
    Firm:
    Mayer Brown

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