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Bankruptcy Settlements Post-Jevic: Potential New Requirements for Priority-Altering Settlements

USA - May 9 2017 As noted in a recent Distressing Matters post, the United States Supreme Court in In re Jevic Holding Corp. held that debtors cannot use structured...


Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking

USA - February 28 2017 One of the most powerful and oft used devices in bankruptcy is the sale of assets “free and clear” of liens, claims and interests. One issue a buyer...


Can the Corporate Veil be Pierced Against a Former Shareholder?

USA - October 19 2016 A recent opinion issued by the United States District Court for the Northern District of Illinois reminds us that corporate veil-piercing liability is...


Tranquil waters once again in the safe harbor: Bankruptcy safe harbor protects shareholders from state constructive fraud claims

USA - April 13 2016 Shareholders who received nearly $8 billion from the Tribune Company leveraged buyout (LBO) do not have to give back that money as a constructive...


Oil, Gas and Mineral Companies Take Note: Agreements Purporting to “Run with the Land” may be Rejected in Bankruptcy

USA - April 6 2016 A recent bankruptcy court decision from the influential Southern District of New York permitted a debtor to reject executory contracts with midstream...