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Results: 1-10 of 165

Assessing the impact of the new Chapter 11 exclusivity deadline

  • Jones Day
  • -
  • USA
  • -
  • January 29 2007

A debtor’s exclusive right to formulate and solicit acceptances for a plan of reorganization during the initial stages of a chapter 11 case is one of the most important benefits conferred under the Bankruptcy Code as a means of facilitating the successful restructuring of an ailing enterprise

Business restructuring review: the year in bankruptcy: 2006

  • Jones Day
  • -
  • USA
  • -
  • February 1 2007

In light of the continued favorable business climate and ample liquidity in the U.S., the falloff in business bankruptcy filings in 2006 should come as no big surprise

Legal considerations for managing restructurings in China

  • Jones Day
  • -
  • China
  • -
  • May 11 2009

Many multinational corporations ("MNCs") are either restructuring or actively considering restructuring their China operations, given the current economic conditions and forecasts

Avoiding forfeiture of estate causes of action triggered by conversion to chapter 7

  • Jones Day
  • -
  • USA
  • -
  • May 31 2007

The ability to borrow money during the course of a bankruptcy case is an important tool available to a chapter 11 debtor-in-possession (“DIP”

Focus on feasibility

  • Jones Day
  • -
  • USA
  • -
  • May 31 2007

One of the most significant changes to chapter 11 of the Bankruptcy Code in the 2005 amendments was the absolute limit placed on extensions of the exclusivity periods

FLYi, Inc important application of Owens-Corning standard for substantive consolidation by Delaware bankruptcy court

  • Jones Day
  • -
  • USA
  • -
  • May 31 2007

On March 15, 2007, with Jones Day’s assistance as bankruptcy counsel, FLYi, Inc. (“FLYi”), Independence Air, Inc. (“Independence”) and their affiliated debtors (collectively, the “Debtors”) obtained confirmation of their chapter 11 plan under the “cramdown” provisions of the Bankruptcy Code

Application of the absolute priority rule to pre-chapter 11 plan settlements: in search of the meaning of “fair and equitable”

  • Jones Day
  • -
  • USA
  • -
  • May 31 2007

“Give ups” by senior classes of creditors to achieve confirmation of a plan have become an increasingly common feature of the chapter 11 process, as stakeholders strive to avoid disputes that can prolong the bankruptcy case and drain estate assets by driving up administrative costs

Refusal to participate in confirmation process dooms bid for stay of order confirming chapter 11 plan

  • Jones Day
  • -
  • USA
  • -
  • April 22 2008

One of the hallmarks of chapter 11, and bankruptcy jurisprudence in general in the U.S., is the fundamental right of creditors and other stakeholders to have a meaningful voice in the proceedings concerning matters that affect their economic interests

Petition rather than transfer date valuation of collateral appropriate in determining secured creditor's preference liability

  • Jones Day
  • -
  • USA
  • -
  • April 22 2008

Valuation is a critical and indispensable part of the bankruptcy process

Solvent restructuring of Dana’s U.K. pension liabilities

  • Jones Day
  • -
  • United Kingdom, USA
  • -
  • August 2 2007

Ohio-based, 102-year-old automobile parts manufacturer Dana Corporation and 40 of its subsidiaries filed for chapter 11 protection in the U.S. in March 2006