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    WARN Act decision: how private equity might avoid “single employer” status
    2013-07-18

    Delaware Bankruptcy Court Holds that Private Equity Firm And Its Portfolio Company Are Not Liable Under Federal WARN Act

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court
    Authors:
    Richard A. Levy
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    SEC reporting after a bankruptcy filing - Part I
    2013-06-06

    Your good client Michael Bluth calls you from the Delaware bankruptcy court. Now that his family’s business, The Bluth Company, has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code and his late nights with DIP lenders and our bankruptcy colleagues have come to a temporary pause, Michael’s ready to turn back to his typical day-to-day job running his business.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Form 8-K, US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Second Circuit rules on timing of “Center of Main Interests” inquiry
    2013-05-28

    Chapter 15 of the Bankruptcy Code is designed to provide an effective mechanism to aid insolvency proceedings in foreign countries that involve a foreign debtor with assets, creditors and other parties in interest located in the foreign country as well as in United States. A foreign representative that is authorized to administer the foreign reorganization or liquidation or act as a representative of the foreign proceeding is the party who applies to the US bankruptcy court for recognition of the foreign proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Bankruptcy Court signals that public pension obligations could be impaired in chapter 9 bankruptcy along with other creditors
    2013-04-05

    On April 1, 2013, Judge Christopher Klein, Chief Judge of the United States Bankruptcy Court for the Eastern District of California, ruled that the City of Stockton, California, could proceed with its chapter 9 bankruptcy filing. Judge Klein’s decision affirmed Stockton’s status as the largest US city (population 300,000) to have successfully sought bankruptcy protection and proceed with bankruptcy.1 Judge Klein’s comments on the record may also signal that the resolution of Stockton’s chapter 9 will require the impairment of the city’s pension obligations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Good faith, CalPERS, United States bankruptcy court, US District Court for Eastern District of California
    Authors:
    Robert A. Klyman
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Two recent highlight pitfalls in creating and implementing key employee incenfive plans for executives in bankruptcy cases
    2012-09-24

    To successfully reorganize in Chapter 11, a bankrupt company may need to retain key employees who understand the company’s business and who can design and implement the company’s reorganization plan. Retaining and properly incentivizing these employees during a Chapter 11 case can be challenging for a number of reasons.

    Filed under:
    USA, New York, Employment & Labor, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Mitchell A. Seider
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Bankruptcy cases create challenges for real estate restructurings
    2012-09-04

    Judges Kevin Carey and Mary Walrath of the United States Bankruptcy Court for the District of Delaware issued opinions in In re Tribune Co.1 and In re JER/Jameson Mezz Borrower II, LLC2, respectively, that shake up the landscape for restructuring real estate investments with multiple layers of debt.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Third-party non-debtor releases in the Second Circuit
    2012-06-12

    Between 2008 and 2010, the Second Circuit Court of Appeals (the Second Circuit) revisited the circumstances under which it would approve third-party non-debtor releases in Chapter 11 plans of reorganization. Traditionally, the Second Circuit found such releases to be appropriate if the bankruptcy case had certain special — “unique” — circumstances.1 InIn re Johns-Manville Corp., 517 F.3d 52 (2d. Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Conflict of laws, Debtor, Injunction, Subject-matter jurisdiction, Second Circuit, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Circuit court reverses district court, upholds the bankruptcy court’s decision in TOUSA
    2012-05-31

    Senior Transeastern Lenders v. Official Comm. Of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2012 US App. LEXIS 9796 (11th Cir. May 15, 2012)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Debt, Default (finance), United States bankruptcy court, Eleventh Circuit
    Authors:
    Mark A. Broude , Roger G. Schwartz , Karen S. Goldstein
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Amended Bankruptcy Rule 2019: clarity and confusion?
    2011-12-01

    On April 26, 2011, the Supreme Court of the United States adopted amendments to Rule 2019 of the Federal Rules of Bankruptcy Procedure (Amended Rule 2019) and submitted the proposed amendment to Congress for approval. Amended Rule 2019 was approved by Congress and became effective on December 1, 2011. The rule governs certain disclosure requirements for groups consisting of multiple creditors or equity security holders acting in concert in Chapter 9 or Chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, US House Committee on Rules, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Subordination Agreement Prevents Rule 2004 Examination
    2019-04-18

    Bankruptcy Rule 2004 allows the examination of any entity with respect to various topics, including conduct and financial condition of the debtor and any matter that may affect the administration of the estate. Does a subordination agreement that is silent on the use of Rule 2004 prevent the subordinated creditor from taking a Rule 2004 examination of the senior creditor? Yes, says an Illinois bankruptcy court.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Dechert LLP, United States bankruptcy court
    Authors:
    Shmuel Vasser , Alaina Heine
    Location:
    USA
    Firm:
    Dechert LLP

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