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    Secured Creditor's "Net Economic Damages" Estimate of Disputed Claims "Plainly Insufficient" to Establish Collateral Value
    2020-08-13

    Valuation is a critical and indispensable part of the bankruptcy process. How collateral and other estate assets (and even creditor claims) are valued will determine a wide range of issues, from a secured creditor's right to adequate protection, postpetition interest, or relief from the automatic stay to a proposed chapter 11 plan's satisfaction of the "best interests" test or whether a "cram-down" plan can be confirmed despite the objections of dissenting creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Mark G. Douglas , Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    All Change In Europe—New Chapter 11-Style Restructuring Regime Is On Its Way!
    2019-12-18

    On 26 June 2019, the new Harmonisation Directive was formally published in the Official Journal of the European Union. As a result, by 17 July 2021, each Member State must include in its respective insolvency and restructuring laws a US Chapter 11-style debtor-in-possession regime which will radically change the future landscape of the European restructuring market.

    Filed under:
    European Union, USA, Insolvency & Restructuring, Jones Day
    Location:
    European Union, USA
    Firm:
    Jones Day
    Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale
    2019-08-19

    For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans. A ruling recently handed down by the U.S. District Court for the District of Washington reaffirms and extends that proposition. In In re Fraser’s Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar.

    Filed under:
    USA, Washington, Insolvency & Restructuring, Insurance, Litigation, Jones Day, Debtor, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Fifth Circuit, Tenth Circuit
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: Eleventh Circuit Rules That Equitable Mootness Applies in Chapter 9 Cases
    2018-12-20

    In Bennett v. Jefferson County, Alabama, 899 F.3d 1240 (11th Cir. 2018), a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled as a matter of first impression that the doctrine of equitable mootness applies in chapter 9 cases. According to the Eleventh Circuit panel, "[T]he correct result is to join the Sixth Circuit and the Ninth Circuit B.A.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit, Eleventh Circuit, U.S. Court of Appeals
    Authors:
    Thomas A. Wilson , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    High Court Tightens Section 546(e) Safe Harbor for Securities Transaction Payments
    2018-03-07

    The U.S. Supreme Court issued a highly anticipated ruling resolving a long-standing circuit split over the scope of the Bankruptcy Code's "safe harbor" provision exempting certain securities transaction payments from avoidance as fraudulent transfers. In Merit Management Group LP v. FTI Consulting Inc., the unanimous Court held that section 546(e) of the Bankruptcy Code does not protect transfers made through a financial institution to a third party regardless of whether the financial institution had a beneficial interest in the transferred property.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, High Court of Justice
    Authors:
    Bruce Bennett , Brad B. Erens , Charles M. Oellermann
    Location:
    USA
    Firm:
    Jones Day
    Yet Another Ruling Deepens the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
    2017-10-02

    The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee—as is increasingly common in the global economy—courts disagree as to whether the Bankruptcy Code’s avoidance provisions apply extraterritorially to avoid the transfer and recover the transferred assets. A pair of bankruptcy court rulings handed down in 2017 widened a rift among the courts on this issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Equal Employment Opportunity Commission (USA)
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Court Rules Against Lyondell Litigation Trustee on LBO Fraudulent Conveyance Claims
    2017-05-31

    In Weisfelner v. Blavatnik(In re Lyondell Chemical Company), 2017 BL 131876 (Bankr. S.D.N.Y. Apr. 21, 2017), the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company ("Lyondell") handed down a long-anticipated opinion in the protracted litigation concerning the failed 2007 merger of Lyondell with Basell AF S.C.A. ("Basell"), a Netherlands-based petrochemical company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Fraud, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Legislative/Regulatory Developments of 2016
    2017-01-27

    Puerto Rico Oversight, Management, and Economic Stability Act

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Recent Rulings Demonstrate Evolving Law on Ability of Plan Trustees to Assert Creditors’ Pre-Bankruptcy State Law Fraudulent Transfer Claims
    2016-09-27

    In Weisfelner v. Hofmann (In re Lyondell Chem. Co.), 2016 BL 241310 (S.D.N.Y. July 27, 2016), the U.S. District Court for the Southern District of New York reversed a 2015 ruling by the bankruptcy court presiding over the chapter 11 case of Lyondell Chemical Company (“Lyondell”) that dismissed claims asserted by a chapter 11 plan litigation trustee seeking to avoid as actual fraudulent transfers $6.3 billion in payments made to the former stockholders of Lyondell in connection with its 2007 leveraged buyout (“LBO”) by Basell AF S.C.A. See Weisfelner v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US District Court for SDNY
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    EuroResource—Deals and Debt - April 2016
    2016-04-21

    Recent Developments

    Filed under:
    France, Italy, USA, New York, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Tax, Jones Day, Debt, Second Circuit
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    France, Italy, USA
    Firm:
    Jones Day

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