Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    11th Circuit Applies Totality-of-the-Circumstance Analysis to Judicial Estoppel
    2017-09-29

    On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal casesBarger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282 (11th Cir. 2002), adopting a totality-of-the-circumstances analysis when facing questions of judicial estoppel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Authors:
    David Long, Jr. , Andrew B. Buxbaum , Timothy "Tim" J. St. George
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court to consider statutory safe harbour for debtors' pre-petition securities transactions
    2017-09-29

    Introduction

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Security (finance), Seventh Circuit
    Authors:
    Trevor W. Swett III
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Restructuring Debt Securities
    2017-09-30

    A Primer for Issuer Tender Offers, Debt Exchange Offers, Repurchases and Other Liability Management Matters

    This primer is a one-stop comprehensive guide for any issuer seeking to restructure its non-convertible debt securities outside of bankruptcy. This publication:

    • summarizes the U.S. federal securities laws, rules and regulations that apply to debt restructurings;

    • describes various types of debt restructurings; and

    • discusses various practical considerations arising in debt restructurings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Pillsbury Winthrop Shaw Pittman LLP
    Authors:
    David S. Baxter , Royce Liu , Jason P. Sosnik
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale
    2017-10-02

    The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of "any interest in such property," has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Foreseeable Circumstances - Third Circuit Shuts Down WARN Act Claim After Russian Financing Fails
    2017-10-02

    The Bankruptcy Protector

    Chapter 11 debtors operate under various levels of uncertainty. Often a company is dependent upon others to provide financing or close transactions necessary for the company’s survival. Such was the case of Eclipse Aviation, which filed for Chapter 11 bankruptcy in November 2008, with an (apparent) agreement to sell itself to its largest shareholder.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Class action, Worker Adjustment and Retraining Notification Act 1988 (USA), Third Circuit
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    8th Cir. BAP Holds Lien on Real Property Held in Tenancy by the Entireties Was Avoidable
    2017-10-02

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently affirmed a bankruptcy court’s holding that a creditor held an unenforceable lien against a debtor’s real property because the property was owned by the entireties and the lien was thus avoidable under Bankruptcy Code § 522(f)(1). 

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Eighth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Debtor-Filed Proof of Claim in Chapter 13 Bankruptcy Case Leads to Modification of Lien on Principal Residence
    2017-09-26

    The Bankruptcy Code prohibits a chapter 13 debtor from modifying a mortgage lien on the debtor's principal residence. Even in situations in which a secured creditor fails to file a proof of claim or otherwise participate in the bankruptcy proceeding, the Bankruptcy Code allows a secured creditor's lien on a primary residence to pass through the bankruptcy unaffected. However, a recent decision from a bankruptcy court in Texas illustrates the risks to secured creditors of blind reliance on these statutory protections.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Hunton Andrews Kurth LLP, Mortgage loan, Secured creditor
    Authors:
    Tyler P. Brown , Justin F. Paget , Jarrett L. Hale , Eric W. Flynn , Tara L. Elgie , Gregory G. Hesse
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Reversing the District Court, the First Circuit Says PROMESA Provides for an “Unconditional Right to Intervene,” Deepening Circuit Split on Applicability of 11 U.S.C. § 1109(b) in Adversary Proceedings
    2017-09-26

    Last week, in Assured Guaranty Corp. v. Fin. Oversight and Mgmt. Bd. for Puerto Rico, No. 17-1831, 2017 U.S. App. LEXIS 18387 (1st Cir., Sept. 22, 2017), the U.S. Court of Appeals for the First Circuit issued a noteworthy decision in the Puerto Rico quasi-bankruptcy proceedings. Overturning the district court’s ruling, the Court of Appeals held that the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), 48 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Fifth Circuit, First Circuit
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    A Pending Supreme Court Ruling Can’t Create a Claim that Doesn’t Currently Exist
    2017-09-18

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, US District Court for Western District of Pennsylvania
    Authors:
    Tuvia Peretz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Sad News for all you “Toys R Us Kids”: Toys ‘R’ Us is Reportedly Preparing for a Potential Bankruptcy Filing Prior to the Holidays
    2017-09-19

    Filed under:
    USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 488
    • Page 489
    • Page 490
    • Page 491
    • Current page 492
    • Page 493
    • Page 494
    • Page 495
    • Page 496
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days