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Taking the gift back: Second Circuit alters future plan negotiations by striking down the use of gifting through a Chapter 11 plan

  • Jones Day
  • -
  • USA
  • -
  • April 1 2011

Rehabilitating a debtor’s business and maximizing the value of its estate for the benefit of its various stakeholders through the confirmation of a chapter 11 plan is the ultimate goal in most chapter 11 cases

Bankruptcy claims traders beware: ensure that the cure comes with the claim

  • Jones Day
  • -
  • USA
  • -
  • June 1 2011

Over the past five years, courts have issued rulings of potential concern to buyers of distressed debt

Stern v. Marshall - shaking bankruptcy jurisdiction to its core?

  • Jones Day
  • -
  • USA
  • -
  • August 1 2011

In Stern v. Marshall, 131 S. Ct. 2594 (2011), the estate of Vickie Lynn Marshall, a.k.a. Anna Nicole Smith, lost by a 5-4 margin Round 2 of its Supreme Court bout with the estate of E. Pierce Marshall in a contest over Vickie's rights to a portion of the fortune of her late husband, billionaire J. Howard Marshall II

First impressions: Fifth Circuit rules that non-insider claims can be recharacterized as equity

  • Jones Day
  • -
  • USA
  • -
  • October 13 2011

The ability of a bankruptcy court to reorder the priority of claims or interests by means of equitable subordination or recharacterization of debt as equity is generally recognized

First impressions: shutting down a chapter 11 case due to patent unconfirmability of plan

  • Jones Day
  • -
  • USA
  • -
  • October 1 2012

Before soliciting votes on its bankruptcy plan, a chapter 11 debtor that has filed for bankruptcy typically must obtain court approval of its disclosure statement