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Results: 1-10 of 154

The year in bankruptcy: 2011

  • Jones Day
  • -
  • USA
  • -
  • January 20 2012

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

The year in bankruptcy 2013

  • Jones Day
  • -
  • Global, USA
  • -
  • January 22 2014

The eyes of the financial world were on the U.S. during 2013. The view was dismaying and encouraging in roughly equal parts. The U.S. rang in the new

Safe harbor redux: the Second Circuit revisits the Bankruptcy Code’s protection against avoidance of securities contract payments

  • Jones Day
  • -
  • USA
  • -
  • July 31 2013

"Safe harbors" in the Bankruptcy Code designed to minimize "systemic risk"disruption in the securities and commodities markets that could

Euroresource-deals and debt - August 2014

  • Jones Day
  • -
  • Argentina, Canada, Italy, United Kingdom, USA
  • -
  • September 3 2014

The existing protections in section 233 of the Act have become outdated and are limited to supplies of gas, electricity, water and communications

Fourth Circuit weighs in on good-faith defense to avoidance of fraudulent transfer

  • Jones Day
  • -
  • USA
  • -
  • May 28 2014

An important defense in litigation brought by a bankruptcy trustee or chapter 1 1 debtor-in-possession (“DIP”) to avoid a fraudulent transfer is that

Secured creditor may choose to take no action during Chapter 11 case without hazarding lien stripping

  • Jones Day
  • -
  • USA
  • -
  • September 30 2013

A long-standing legal principle is that liens pass through bankruptcy unaffected. Like every general rule, however, this tenet has exceptions. One of

Eighth Circuit expands subsequent new value preference defense in cases involving three-party relationships

  • Jones Day
  • -
  • USA
  • -
  • May 28 2014

A bankruptcy trustee or chapter 11 debtor-in-possession has the power under section 547 of the Bankruptcy Code to avoid a transfer made immediately

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

First impressions: prepetition severance pay entitled to priority under section 507(a)(4)

  • Jones Day
  • -
  • USA
  • -
  • December 1 2011

In the first circuit-level opinion on the issue, the Fourth Circuit Court of Appeals in Matson v. Alarcon, 651 F.3d 404 (4th Cir. 2011), held that, for purposes of establishing priority under section 507(a)(4) of the Bankruptcy Code, an employee's severance pay was "earned" entirely upon termination of employment, even though the severance amount was determined by the employee's length of service with the employer

When do rights of first refusal constitute an unenforceable restriction on assignment in bankruptcy?

  • Jones Day
  • -
  • USA
  • -
  • February 1 2008

In the chapter 11 cases of Adelphia Communications Corporation and its subsidiaries, Adelphia sought to assume and assign more than 2,000 franchise agreements in connection with the proposed transfer of its cable operations to affiliates of Comcast Corporation and Time Warner Cable