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    Bankruptcy Code—Recharacterizing Claims as Capital Contributions
    2017-06-27

    PEM Entities LLC v. Levin, No. 16-492

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown
    Another bankruptcy court examines overriding royalty interests
    2015-09-09

    InIn re: Delta Petroleum Corp. (Bankr. Del. Apr. 2, 2015), the bankruptcy court (the “Court”) considered competing motions for summary judgment as to whether certain overriding royalty interests (“ORRIs”) constituted (1) mere contractual rights to payment that were discharged by the confirmed chapter 11 reorganization plan or (2) real property interests that were not part of the estate in bankruptcy and, thus, survived the trustee’s challenge.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Draft law on bankruptcy – a more practical bankruptcy regime for Vietnam?
    2013-11-22

    On 8 October 2013, the Supreme Court of Vietnam released the most recent draft of the new Law on Bankruptcy ("Draft Bankruptcy Law"). The Draft Bankruptcy Law is now open for comments and, once passed by the National Assembly, will replace the current Law on Bankruptcy 2004 ("Current Bankruptcy Law").

    The Draft Bankruptcy Law appears generally to be a positive step in Vietnam's efforts to improve the efficiency of the bankruptcy process and efforts to enhance the credibility of the legal framework for restructuring.

    Conduct of Bankruptcy Proceedings

    Filed under:
    USA, Vietnam, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Shareholder, Liquidation
    Authors:
    David Harrison
    Location:
    USA, Vietnam
    Firm:
    Mayer Brown
    Court of Appeal confirms financial support directionsissued in insolvency have super priority
    2011-10-17

    The Court of Appeal has confirmed that the costs of complying with Financial Support Directions (“FSDs”) proposed to be issued to certain Nortel and Lehman companies by the Pensions Regulator (“TPR”) qualify as “super priority” administration expenses, payable in priority to unsecured creditors, floating charge holders and the administrators’ own fees.

    The question

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Unsecured debt, Debt, Liquidation, Precondition, Defined benefit pension plan, Sponsor (commercial), The Pensions Regulator, Court of Appeal of England & Wales, Trustee
    Authors:
    Devi Shah
    Location:
    USA
    Firm:
    Mayer Brown
    Protecting trademark licensee’s right to continued use of trademark when licensor declares bankruptcy
    2010-07-06

    In the case of In re: Exide Technologies, decided on June 1, 2010, the US Court of Appeals for the Third Circuit reversed two lower court decisions and held that a 1991 agreement between Exide Technologies and EnerSys Delaware Inc., which included a license to EnerSys for use of the “EXIDE” trademark, is not an executory contract that can be rejected by Exide in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown, Bankruptcy, Debtor, Breach of contract, Debtor in possession, US Code, United States bankruptcy court, Third Circuit
    Authors:
    Richard M. Assmus
    Location:
    USA
    Firm:
    Mayer Brown
    Equitable Mootness Concerns Over Purdue Pharma’s Plan of Reorganization Prompt Rare Sunday Entry of Temporary Restraining Order by District Court
    2021-10-12

    On October 10, 2021, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York entered a temporary restraining order, delaying implementation of Purdue Pharma’s plan of reorganization, which was confirmed by Bankruptcy Judge Robert Drain on September 17th, pending argument on the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, US District Court for SDNY
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re Cinemex: COVID or Not, Parties Still Bound by Lease Terms
    2021-03-04

    In a recent opinion issued in the Cinemex theater bankruptcy cases, In re Cinemex USA Real Estate Holdings, Inc., Case No. 20-14695-BKC-LMI, 2021 WL 564486 (Bankr. S.D. Fla. Jan. 27, 2021), Judge Laurel M. Isicoff of the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, Bankruptcy, Coronavirus
    Location:
    USA
    Firm:
    Mayer Brown
    Marblegate Under Attack! Or Not? Out-of-Court Bond Restructurings in Light of NY Court of Appeals Decision in CNH Diversified
    2020-11-03

    In its October 22, 2020, CNH Diversified Opportunities Master Account, L.P. v.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott , Matthew V. Wargin
    Location:
    USA
    Firm:
    Mayer Brown
    363 Preparedness: Practical Sell-Side Tips
    2020-03-26

    The economic impact of the COVID-19 coronavirus remains uncertain, but many are preparing for an up-tick in bankruptcies and, in particular, 363 transactions – sales of assets pursuant to Section 363 of the US Bankruptcy Code. Here are some practical steps that can help you prepare for your own 363 process and finding your stalking horse.

    Filed under:
    USA, Insolvency & Restructuring, Mayer Brown, Board of directors, Due diligence, Coronavirus, Title 11 of the US Code
    Authors:
    Thomas S. Kiriakos , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Supreme Court Rules That A Debtor’s Rejection Of A Trademark Licensing Contract Under Section 365 Of The Bankruptcy Code Does Not Rescind The Contract
    2019-05-20

    Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657

    Today, the Supreme Court held in an 8-1 decision that when a debtor, acting under Section 365 of the Bankruptcy Code, rejects a contract licensing its trademarks, the contract is not rescinded and the debtor thus cannot revoke the trademark license.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown, Bankruptcy, Breach of contract, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown

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