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    Opinion of Interest - Matter of First River Energy: Some State-Specific Liens May be no More than “Amazing Disappearing Security Interests”
    2021-03-16

    In its recent decision in Matter of First River Energy, LLC,1 the Fifth Circuit resolved a priority dispute between lienholders regarding their competing claims to cash held by the debtor, First River Energ

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Fifth Circuit
    Location:
    USA
    Firm:
    Mayer Brown
    BJ Services, LLC, et al.: Not-So-Smooth Sailing for Credit Bidders
    2020-11-03

    BJ Services, a Texas-based provider of hydraulic fracturing (i.e., “fracking”) and cementing services for upstream oil and gas companies, filed for chapter 11 protection on July 20, 2020, in the US Bankruptcy Court for the Southern District of Texas, along with three of its affiliates. Their chapter 11 filings were prompted by unsuccessful restructuring negotiations with one of their equity sponsors—CSL Capital Management—which would have provided a $75 million new money investment, including $30 million in the form of DIP financing, in exchange for the majority of the reorganized equity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Fracking, United States bankruptcy court
    Authors:
    Kyle J. Tum Suden , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Our 12 Most Common Insolvency Questions in Receivables and Payables Finance
    2020-04-15

    Supply chain finance products have a well-deserved reputation of being fairly low risk propositions. The majority of facilities are uncommitted, exposures are typically short-term and many counterparties are highly rated and well capitalized.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Title 11 of the US Code
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Trademark Licensee May Continue Using Trademark Following Debtor’s Rejection of License Agreement, US Supreme Court Rules
    2019-05-21

    Yesterday, in an 8-1 decision, the US Supreme Court held in Mission Product Holdings, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown
    Authors:
    Tyler R. Ferguson , Thomas S. Kiriakos , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    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

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