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Employer’s failure to issue WARN notification excused due to abrupt termination of financing
- Jones Day
- -
- USA
- -
- March 31 2013
Despite the increasing prominence of pre-packaged or pre-negotiated chapter 11 cases in recent years, not every bankruptcy filing by or against a
Sovereign debt restructuring update
- Jones Day
- -
- Argentina, USA
- -
- March 31 2013
On March 29, 2013, the Republic of Argentina proposed an alternative payment formula to the U.S. Court of Appeals for the Second Circuit that, if
In re Lothian Oil: no tolling of statute of limitations for chapter 11 plan revocation
- Jones Day
- -
- USA
- -
- March 31 2013
Confirmation of a chapter 11 plan providing for the reorganization or liquidation of a debtor is the culmination of the chapter 11 process. To
First (post-) impressions: insider distribution violates absolute priority rule, and competition is essential element of new value corollary
- Jones Day
- -
- USA
- -
- March 31 2013
Until 2013, no circuit court of appeals had weighed in on the implications of the U.S. Supreme Court's pronouncement in the 203 North LaSalle case
The year in bankruptcy: 2012
- Jones Day
- -
- USA
- -
- February 4 2013
December 2012 marked the fifth anniversary of the beginning of the Great Recession, which officially began in December 2007 and ended in June 2009
Sovereign-debt restructuring update
- Jones Day
- -
- Argentina, USA
- -
- January 31 2013
On January 10, 2013, the U.S. Court of Appeals for the Second Circuit denied a request by participating bondholders in 2005 and 2010 restructurings
In brief: recent rulings on sovereign debt restructurings
- Jones Day
- -
- Argentina, USA
- -
- December 1 2012
On October 26, 2012, the Court of Appeals for the Second Circuit, in a ruling that may impact sovereign debt restructurings, upheld a lower-court order enjoining Argentina from making payments on restructured defaulted debt without making comparable payments to bondholders who did not participate in the restructurings
Sale "free and clear" does not extinguish sublessee's right to remain in possession
- Jones Day
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- USA
- -
- December 1 2012
The ability of a trustee or chapter 11 debtor in possession (“DIP”) to sell bankruptcy estate assets “free and clear” of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value
Stockton, California, ruling: bankruptcy court powerless to prevent retiree benefit reductions by municipal debtor
- Jones Day
- -
- USA
- -
- December 1 2012
Amid the economic hardships brought upon us by the Great Recession, the plight of cities, towns, and other municipalities across the U.S. has received a significant amount of media exposure
In brief: claims-trading hobgoblins redux?
- Jones Day
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- USA
- -
- December 1 2012
In the JulyAugust 2012 edition of the Business Restructuring Review, we reported on a Delaware bankruptcy-court ruling that reignited the debate concerning whether sold or assigned claims can be subject to disallowance under section 502(d) of the Bankruptcy Code on the basis of the seller’s receipt of a voidable transfer
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