As we previously reported, on April 1, 2015, the Supreme Court heard oral argument inBullard v.

“I get knocked down / But I get up again / You’re never gonna keep me down.”

 – Chumbawumba

Nothing says “closure” quite like a termination agreement reaffirmed by a bankruptcy court – right?

The U.S. Bankruptcy Court for the Northern District of Illinois recently held in Krol v.

Judge Vincent Bricetti of the United States District Court for the Southern District of New York issued a ruling in the Momentive Performance Materialscases affirming the Bankruptcy Court’s confirmation rulings on Monday, May 4.  Key themes raised in this case of interest to distressed investors and addressed in Judge Bricetti’s ruling include the appropriate interpretation of

Two recent decisions from large and highly contested chapter 11 cases add to the developing body of case law on the treatment of make-whole claims in bankruptcy.  First, in a two-part post, we discuss the United States Bankruptcy Court for the District of Delaware’s decision in Energy Future Holdings, and later, in a follow-up post, we discuss the United States District Court for the Southern District of

Restructuring professionals cite giving the debtor a “fresh start” as one of the goals of bankruptcy.  In order to assist the debtor, the Bankruptcy Code contains a number of provisions capping claims.  One of these provisions is 

“A boy’s best friend is his mother.” – Norman Bates

“Let’s have a family gathering for the remaining family members who still speak to each other” – Someecards, Inc.

The hard work has been done – the plan has been negotiated and confirmed, the confirmation order has been entered, and holders of allowed claims (and maybe even interest holders) await their distribution under the plan. A plan, however, may require that creditors or equity holders take certain acts prior to participation in the plan distribution, or forfeit their right to participate.

In June of 2007, Harvey gave the keynote address at the International Institute of Insolvency.  In the address, Harvey asked the question, “Is the market headed for disaster?”  He also says, “When the bubble bursts, those left holding today’s version of tulip bulbs may be left scratching their heads and pining for the past.”  Little did Harvey (or anyone else) suspect that 15 months later, the collapse of Lehman Brothers would trigger a worldwide financial crisis.

Introduction