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    Considerations for lenders in workouts & loan restructurings
    2015-02-12

    Despite the improvement in the economy since the advent of the “Great Recession,” many businesses nevertheless continue to struggle. Accordingly, lenders are well advised to stay up to date on  “best practices” when facing a potential restructure of a troubled loan. In a series of posts, we will address a number of considerations in dealing with a post default loan situation.

    Part 1. Good Faith Obligations

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Bilzin Sumberg, Debtor
    Authors:
    Robert M. Siegel
    Location:
    USA
    Firm:
    Bilzin Sumberg
    ABI chapter 11 Reform Commission series: labor and benefits
    2015-02-12

    In this installment of the Weil Bankruptcy Blog’s series on the ABI Commission Report, we consider the Commission’s recommendations on collective bargaining agreements under section 1113 and retiree benefits under section 1114 of the Bankruptcy Code.

    Section 1113: The Commission’s Considerations

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Breach of contract, Collective bargaining agreements
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Even exes can tell the truth sometimes: a valentine’s day reminder from the Weil bankruptcy blog
    2015-02-13

    It may only be Galentine’s Day as we post this, but given that V-Day is imminent, The Bachelor is in full-swing, and Fifty Shades of Gray just came out on the big screen, we decided to find some reasonable nexus between bankruptcy, romance, and love. In this year’s edition, we learn that all bets are off when former lovers end up in court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Surety bonds: direct claims v derivative claims – who knew?
    2015-02-13

    New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) 

    The debtor made claims against a surety that issued a performance bond in connection with a construction contract.  The surety contended that it was not liable for the consequential damage claims.

    Filed under:
    USA, North Carolina, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Bond (finance), Surety
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy court decides that the Bankruptcy Code preempts California state pension laws
    2015-02-09

    In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's bankruptcy plan of adjustment. 

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nossaman LLP, Federal preemption, Bankruptcy, CalPERS, United States bankruptcy court
    Authors:
    Allan H. Ickowitz
    Location:
    USA
    Firm:
    Nossaman LLP
    Eight things we learned from the Detroit bankruptcy
    2015-02-10

    Detroit’s historic trip through Bankruptcy Court ended in December 2014 with the confirmation of the City’s Plan of Adjustment, which trimmed $7 billion in debt from the city’s balance sheet and promised improved resident services. At the beginning of the case, no one predicted that the city would emerge from bankruptcy so quickly — only about 18 months — or that the final Plan of Adjustment would enjoy such widespread support among creditors and politicians. What can we learn from the largest municipal bankruptcy ever?

    Filed under:
    USA, Insolvency & Restructuring, Thompson Coburn LLP, United States bankruptcy court
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Attorney fees: following local law can mean the difference between collecting or not
    2015-02-10

    Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) –

    A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to exercise its rights under a security deed securing the debtor’s guaranty based in part on the debtor’s lack of equity in the property.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    How to get a mediator appointed in a bankruptcy case (hint: in some courts, it’s easier if she wasn’t a bankruptcy judge)
    2015-02-10

    “[W]hat I do have are a very particular set of skills, skills I have acquired over a very long career…” – Bryan Mills (Liam Neeson), Taken

    Filed under:
    USA, Texas, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Opportunities in oil financing and investment: meeting the industry's capital needs in challenging times
    2015-02-10

    Reduced Liquidity—How Will Oil Companies Feel the Pinch?

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Jones Day, Hedge funds
    Location:
    USA
    Firm:
    Jones Day
    Managing the chapter 15 cross-border insolvency case – a book review of the pocket guide for judges by the Honourable Louise De Carl Adler
    2015-02-10

    Chapter 15 of the Bankruptcy Code provides a mechanism for a foreign debtor or representative in non-U.S. insolvency proceedings to protect such debtor’s U.S. assets from U.S. creditors’ collection actions or to stay any litigation commenced in the U.S. The ultimate goal in a chapter 15 proceeding is to preserve the value of the assets of the foreign debtor for the benefit of all its creditors globally.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Nava Hazan , Helen Kavanagh
    Location:
    USA
    Firm:
    Squire Patton Boggs

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