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Second Circuit Confirms That Bond Issuers Can Restructure Out-of-Court Via Consent Solicitations

USA - January 26 2017 On January 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in Marblegate Asset Management v. Education Management Corp...

Mark A. McDermott, Liz Downing, Gregory A. Fernicola, Sarah E. Pierce.


Berau May Expand US Restructuring Options for Foreign Issuers

USA - January 18 2016 A recent decision in the U.S. Bankruptcy Court for the Southern District of New York clarifies that restructuring options under Chapter 11 or Chapter...

John K. Lyons, Adrian J. S. Deitz.


Third Circuit provides road map for structured dismissals

USA - May 28 2015 In the past decade, Chapter 11 practice has witnessed the rise of a new phenomenon: structured dismissals. Broadly speaking, the term structured...

Anthony W. Clark, Robert A. Weber, Mark A. McDermott.


Trends in Chapter 11 filings, venue and proposed reforms

USA - January 27 2015 Corporate Chapter 11 filings remained relatively low in 2014, down slightly from 2013, due to a robust capital market environment, low interest rates...

George N. Panagakis, Ken Ziman, David M. Turetsky.


Overview of ABI Commission Report and recommendation on the reform of Chapter 11 of the Bankruptcy Code

USA - December 23 2014 The last major revision to U.S. business reorganization laws occurred in 1978. Since then, companies’ capital structures have become more complex and...

Van C. Durrer II, Mark A. McDermott, George N. Panagakis, John K. Lyons, Ken Ziman.