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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

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The existing protections in section 233 of the Act have become outdated and are limited to supplies of gas, electricity, water and communications

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

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

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

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

In re MDC Systems, Inc.: 502(b)(6) “surrendered” to common sense

  • Jones Day
  • -
  • USA
  • -
  • May 31 2013

Section 502(b)(6) of the Bankruptcy Code caps the amount of a lessor's claim against a debtor-lessee for damages arising from the termination of a

Aircraft leasing update: second circuit gives liftoff to billions in unsecured tax indemnity claims

  • Jones Day
  • -
  • USA
  • -
  • April 13 2011

When an airline goes bankrupt, do the owner participants in aircraft leverage-lease transactions have a right to recover on monetary claims (worth billions) based on tax indemnification agreements ("TIAs")? The answer lies in the meaning of the words "paypaidpays," which had been the subject of conflicting interpretations in the bankruptcy and district courts in the Northwest Airlines and Delta Air Lines bankruptcy cases

Public right to full disclosure in bankruptcy extends to Rule 2019 statements

  • Jones Day
  • -
  • USA
  • -
  • June 1 2013

One of the hallmarks of the U.S. bankruptcy system is ready access to information concerning any entity that files for bankruptcy protection. The