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    Supreme Court Strikes Down Puerto Rico’s Local Restructuring Law
    2016-06-17

    In a 5-2 decision, the Supreme Court of the United States in Commonwealth of Puerto Rico et al. v. Franklin California Tax-Free Trust et al., 579 U.S. ___ (2016), rejected the Puerto Rico Public Corporation Debt Enforcement and Recovery Act (the “Recovery Act”) as preempted by the Bankruptcy Code on June 13, 2016. The practical implication of the decision is that Puerto Rico is currently without options to restructure its billions of dollars in municipal debt, and the only feasible path forward will most likely have to come from Congress.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP
    Location:
    USA
    Firm:
    Dechert LLP
    Do Bankruptcy Code clawback provisions reach transactions occurring in other countries?
    2016-06-17

    In a world of free-ranging capital and cross-border transactions, the question of whether US courts will apply US law to transactions taking place in other countries is important. It is therefore a matter of both interest and concern that judges in the Southern District of New York have reached opposite conclusions when asked to give extraterritorial effect to the avoidance or 'clawback' provisions of the Bankruptcy Code.

    Canon of statutory construction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Debtor, Statutory interpretation, Extraterritoriality, In rem jurisdiction, US Congress
    Authors:
    Trevor W. Swett III
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Pension Benefit Guaranty Corporation Issues Proposed Rule for Multiemployer Plan Mergers and Transfers
    2016-06-19

    On June 6, 2016, the Pension Benefit Guaranty Corporation (“PBGC”) issued a new proposed rule clarifying the agency’s authority to facilitate the merger of multiemployer pension plans. The rule would implement some of the statutory changes made by the Multiemployer Pension Reform Act of 2014 (“MPRA”).

    Background

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Trucker Huss APC, Employee Retirement Income Security Act 1974 (USA), Government agency, Retirement, Mediation, Fair market value, Valuation (finance), Actuary, Development aid, Pension Benefit Guaranty Corporation, Title IV of the US Code
    Authors:
    Robert Frank Schwartz
    Location:
    USA
    Firm:
    Trucker Huss APC
    Wholesale assignment of claims to post-confirmation trust does not satisfy “related to” jurisdiction standard
    2016-06-20

    In the recent decision of Gavin Salmonese, LLC v. Shyamsundar, et al. (In re AmCad Holdings, LLC, et al.) (Bankr. D. Del.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Supreme Court Holds Puerto Rico Recovery Act Preempted by Bankruptcy Code
    2016-06-15

    “Puerto Rico’s Recovery Act is barred by § 903(1) … of the Bankruptcy Code,” held the U.S. Supreme Court on June 13, 2016. Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust, 2016 WL 3221517, *11 (U.S. June 13, 2016) (5-2). Affirming the First Circuit, the court reasoned that Code § 903(i) “preempts state bankruptcy laws [enabling] insolvent municipalities to restructure their debts over the objections of creditors [and] instead requires municipalities to restructure [their] debts under Chapter 9 of the Code.” Id., at *2.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Title 11 of the US Code, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Not So Fast: Sixth Circuit Dismisses Appeal of Bankruptcy Court Order Denying Approval of Proposed Settlement Agreement For Lack of Jurisdiction
    2016-06-16

    For those interested in a quick read with some juicy facts and egregious acts by the relevant practitioners, check out the recent opinion in Church Joint Venture, L.P. v. Blasingame (In re Blasingame), where the Sixth Circuit Court of Appeals held that an order denying approval of a proposed settlement agreement was not a final order susceptible to appeal as of right.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Sixth Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Delaware Bankruptcy Court Refuses to Dismiss Chapter 11 Case Despite Existence of Secured Lender’s “Golden Share” in Debtor’s Delaware LLC Agreement: Could Bankruptcy-Remote Structures Be at Risk?
    2016-06-16

    I. Introduction

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Bankruptcy, Fiduciary, Limited liability company, United States bankruptcy court
    Authors:
    Luc A. Despins , Chris Dickerson , Matthew M. Murphy , Leslie A. Plaskon , Andrew V. Tenzer , Marc J. Carmel
    Location:
    USA
    Firm:
    Paul Hastings LLP
    Michigan Court of Appeals Interprets Process for Receivership Appointments
    2016-06-16

    Michigan Court Rule 2.622 (the “Receivership Rule”) governs the appointment of receivers. The Receivership Rule was amended in 2014 to provide more explicit guidance on what courts and attorneys should consider when nominating a receiver. Specifically, the 2014 amendments addressed concerns that trial courts were disregarding qualified nominations made by the parties to the litigation in favor of judicial discretion in appointing a disinterested party to maintain the receivership estate.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Dykema Gossett PLLC
    Authors:
    Daniel J. Schairbaum
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    IRS and Treasury Department Clarify COD Income Exclusions
    2016-06-16

    Internal Revenue Code (the “Code”) § 108 excludes cancellation of indebtedness income (“COD income”, i.e.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Berger Singerman LLP, Debt, Internal Revenue Service (USA), US Department of the Treasury, US Code, Internal Revenue Code (USA), United States bankruptcy court
    Authors:
    Mitchell W. Goldberg
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s Ability to File for Bankruptcy
    2016-06-17

    In a June 3, 2016 decision1 , the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtorLLC’s operating agreement that it viewed as hindering the LLC’s right to file for bankruptcy. Such provision provided that the consent of all members of the LLC, including a creditor holding a so-called “golden share” received pursuant to a forbearance agreement, was required for the debtor to commence a voluntary bankruptcy case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, A&O Shearman, Bankruptcy, Limited liability company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Fredric Sosnick , Douglas P. Bartner , Bjorn Bjerke , Stuart K. Fleischmann , Joel Moss , Solomon J. Noh
    Location:
    USA
    Firm:
    A&O Shearman

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