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KERP or KEIP: fireworks continue on keeping key employees at the helm in chapter 11

Jones Day
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USA
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October 1 2012

Changes made to the Bankruptcy Code in 2005 raised the bar considerably for providing “pay to stay” incentives that had been offered routinely to management and other key employees of a chapter 11 debtor, such as a severance or key employee retention plan (“KERP”

Trademark licenses in bankruptcy: the Seventh Circuit fires a shot across the bow of Lubrizol

Jones Day
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USA
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October 1 2012

In 1988, Congress added section 365(n) to the Bankruptcy Code, which grants some intellectual property licensees the right to continued use of licensed property notwithstanding rejection of the underlying executory license agreement by a debtor or bankruptcy trustee

Section 506(a): why “wait-and-see” won’t work to value secured-creditor claims

Jones Day
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USA
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August 1 2012

Section 506(a) of the Bankruptcy Code contemplates bifurcation of a debtor's obligation to a secured creditor into secured and unsecured claims, depending on the value of the collateral securing the debt

Foreign debtor may appoint representative to commence chapter 15 case

Jones Day
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USA
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August 1 2012

As the seventh anniversary of the enactment of chapter 15 of the Bankruptcy Code draws near, the volume of chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly

KB Toys: hobgoblins return to haunt bankruptcy claims traders

Jones Day
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USA
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August 1 2012

Participants in the multibillion-dollar market for distressed claims and securities have had ample reason to keep a watchful eye on developments in the bankruptcy courts during the last decade

Comity extended to order entered in foreign insolvency proceeding enjoining actions against affiliates of foreign debtor

Jones Day
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Mexico, USA
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June 12 2012

Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York held in CT Investment v. Carbonell and Grupo Costamex, 2012 WL 92359 (S.D.N.Y. Jan. 11, 2012), that comity should be extended to an order issued by a Mexican district court overseeing the Mexican bankruptcy proceeding (concurso mercantil) of Cozumel Caribe S.A. de C.V. (“Cozumel Caribe”) under Mexico’s Ley de Concursos Mercantiles (the “Mexican Business Bankruptcy Act”

Amended bankruptcy rules approved by the U.S. Supreme Court

Jones Day
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USA
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June 12 2012

On April 23, 2012, the U.S. Supreme Court approved amendments to the Federal Rules of Bankruptcy Procedure

30-year Treasury bonds not “indubitable equivalent” of electing secured creditor’s mortgage lien

Jones Day
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USA
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June 1 2012

In In re River East Plaza, LLC, 669 F.3d 826 (7th Cir. 2012), the Seventh Circuit Court of Appeals affirmed a bankruptcy court's ruling that a debtor could not "cram down" a chapter 11 plan over the objection of an undersecured creditor which had made a section 1111(b) election by substituting a lien on 30-year U.S. Treasury bonds as the "indubitable equivalent" of the creditor's mortgage lien on the property

Equitable mootness and arbitration: first impressions in the Ninth Circuit

Jones Day
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USA
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April 1 2012

2012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit

The year in bankruptcy: 2011

Jones Day
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USA
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January 20 2012

A "roller-coaster ride of financial and economic uncertainty" would be one way to describe 2011

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Search results

KERP or KEIP: fireworks continue on keeping key employees at the helm in chapter 11

Trademark licenses in bankruptcy: the Seventh Circuit fires a shot across the bow of Lubrizol

Section 506(a): why “wait-and-see” won’t work to value secured-creditor claims

Foreign debtor may appoint representative to commence chapter 15 case

KB Toys: hobgoblins return to haunt bankruptcy claims traders

Comity extended to order entered in foreign insolvency proceeding enjoining actions against affiliates of foreign debtor

Amended bankruptcy rules approved by the U.S. Supreme Court

30-year Treasury bonds not “indubitable equivalent” of electing secured creditor’s mortgage lien

Equitable mootness and arbitration: first impressions in the Ninth Circuit

The year in bankruptcy: 2011

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