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Driving the wedge deeper: Fifth and Ninth Circuits unite in refusing to condemn “artificial impairment” in cramdown chapter 11 plans

Jones Day
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USA
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June 1 2013

One of the prerequisites to confirmation of a cramdown (nonconsensual) chapter 11 plan is that at least one "impaired" class of creditors must vote

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

Jones Day
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USA
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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

From the top in brief

Jones Day
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USA
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June 1 2013

The U.S. Supreme Court handed down its first bankruptcy decision of 2013 on May 13. In a unanimous ruling, the court held in Bullock v. BankChampaign

Chapter 15 petition date “anchors” COMI analysis

Jones Day
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USA
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June 1 2013

October 17, 2013, will mark the eighth anniversary of the enactment of chapter 15 of the U.S. Bankruptcy Code as part of the comprehensive U.S

Delaware bankruptcy court confirms the validity of plan support agreements

Jones Day
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USA
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May 31 2013

Chapter 11 debtors and sophisticated creditor andor shareholder constituencies are increasingly using postpetition plan support agreements

Employer’s failure to issue WARN notification excused due to abrupt termination of financing

Jones Day
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USA
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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

In re Lothian Oil: no tolling of statute of limitations for chapter 11 plan revocation

Jones Day
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USA
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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
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USA
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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
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USA
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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

In brief: claims-trading hobgoblins redux?

Jones Day
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USA
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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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