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    A Growing Consensus Emerges on the Calculation of Postpetition Interest
    2020-01-24

    Key Takeaways:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Debtor, Title 11 of the US Code
    Authors:
    Vincent Indelicato , Daniel Desatnik
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Supreme Court Resolves the Appealability of Orders Denying Relief from the Automatic Stay
    2020-01-24

    When a debtor files for bankruptcy, the Bankruptcy Code provides for an automatic stay of almost all proceedings to recover property from the debtor. See 11 U.S.C. § 362(a). A party in interest can seek an order exempting it from the automatic stay for cause. 11 U.S.C. § 362(d). A creditor that fails to obtain relief from the stay is limited to the claim-adjudication process in bankruptcy court. What happens if the bankruptcy court rules against a creditor seeking relief from the automatic stay, and the creditor seeks to appeal?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Debtor
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Business Law Update - Winter 2020
    2020-01-27

    Read Business Law Update to stay up-to-date on legal issues that impact public and private companies on a local, regional and global basis. Articles in this issue include:

    Mergers & Acquisitions

    Commercial Contracts

    Small Businesses

    Government Contracts

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Projects & Procurement, Thompson Hine LLP, Cybersecurity, Federal Trade Commission (USA), US Department of Justice, US Department of the Treasury, Committee on Foreign Investment in the United States, False Claims Act 1863 (USA)
    Location:
    USA
    Firm:
    Thompson Hine LLP
    New Jersey Announces Streamlined Business Reinstatement and Dissolution Program
    2020-01-21

    Mark your calendars! The New Jersey Department of the Treasury recently announced a new one-time program authorized by recent legislation aimed at improving government-to-business interactions.

    The Streamlined Business Reinstatement and Dissolution Program offers businesses that are currently in “revoked status” – due to not having complied with the state’s administrative reporting requirements – an expedited path to reinstatement or dissolution, both notoriously time-consuming and expensive processes.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Public, Greenbaum, Rowe, Smith & Davis LLP
    Location:
    USA
    Firm:
    Greenbaum, Rowe, Smith & Davis LLP
    Delaware Bankruptcy Judge Rejects "Consensual" Releases in Emerge Energy Chapter 11 Plan
    2020-01-22

    The Bottom Line

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, US Securities and Exchange Commission
    Authors:
    David E. Blabey, Jr , Andrew Wyatt Pollack , Megan M. Wasson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Plaintiffs’ Motion to Remand Granted Due to Untimely Notice of Removal by Bankrupt Defendant United States District Court, S.D. New York, January 15, 2020
    2020-01-17

    NEW YORK – On Nov. 29, 2016, the plaintiffs, Anna and Guido Nocelli, both citizens of New York, filed an action in the Supreme Court of New York alleging 11 causes of action related to Anna Nocelli’s, alleged asbestos-related disease. The initial complaint named multiple defendants, including the Union Carbide Corp., that were citizens of New York.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP, New York Supreme Court
    Authors:
    James F. Coleman
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    New Trends Emerge for ‘Consensual’ Third-Party Releases in the Southern District of New York and District of Delaware
    2020-01-17

    A survey of recent rulings by judges from the bankruptcy courts for the Southern District of New York and the District of Delaware suggests that judges in these districts have very different views about the nature and extent of “consensual” third-party releases that may be approved in a given case. The data also indicates that their thinking on this issue continues to evolve as they confront new arguments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Bankruptcy, Debtor, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    Shana A. Elberg , Christine A. Okike , Bryan Kotliar
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test
    2020-01-17

    A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Authors:
    Allison A. Melton , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead
    2020-01-17

    A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020 on parties involved in bankruptcy proceedings.

    Fifth Circuit Reverses Course on the Enforceability of Make-Whole Premiums in Chapter 11

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Medicare, Title 11 of the US Code
    Authors:
    Joseph O. Larkin , Lisa Laukitis , George R. Howard , Jason M. Liberi , Carl T. Tullson , Steven D. Adler , Cameron M. Fee , Linda Levinson , Bram A. Strochlic
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Restructuring Market Trends
    2020-01-17

    The number of corporate Chapter 11 filings in the United States remained relatively low in 2019. An estimated 6,000 business bankruptcies were filed (based on the data available at the time of writing), which, if it holds up as the data is finalized, is essentially flat from 2018 and down 56% from the peak reached in 2009, following the Great Recession. The chart immediately below depicts corporate Chapter 11 filing volume over time.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Bankruptcy, Debtor
    Authors:
    Paul Leake , Christine A. Okike
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP

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