We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 129

First Circuit Rules that Bankruptcy Court “Retention of Jurisdiction” Provisions Not Enough to Establish Jurisdiction
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 15 2017

It is very common for bankruptcy court orders to provide that the court retains jurisdiction to enforce such orders. Similarly, chapter 11


Supreme Court to Resolve Circuit Split on Scope of 546(e)’s Safe Harbor Provision
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 15 2017

Earlier this month, the Supreme Court announced that it will review the scope of Bankruptcy Code section 546(e)’s safe harbor provision. Section


Bankruptcy Settlements Post-Jevic: Potential New Requirements for Priority-Altering Settlements
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 9 2017

As noted in a recent Distressing Matters post, the United States Supreme Court in In re Jevic Holding Corp. held that debtors cannot use structured


Keep On Truckin’: Priority Rules Still Rule in Structured Dismissals
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 11 2017

In 2015, Distressing Matters reported on the Third Circuit’s decision in In re Jevic Holding Corp., wherein that panel ruled that, in rare


Can a Creditor’s Inaction Violate the Automatic Stay?
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 28 2017

The filing of a bankruptcy case puts in place an automatic injunction, or stay, that halts most actions by creditors against a debtor. But can a


Delaware Bankruptcy Court Issues Important Guidelines Concerning Payment of Indenture Trustee’s Professional Fees
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 15 2017

In Nortel Networks, Inc., Case No. 09-0138(KG), Doc. No. 18001 (March 8, 2017), the Delaware Bankruptcy Court ruled on the objections of two


Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 28 2017

One of the most powerful and oft used devices in bankruptcy is the sale of assets “free and clear” of liens, claims and interests. One issue a buyer


Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 13 2017

There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages


Federal Appellate Court Rules That Post-Acceleration Payment in Bankruptcy Constitutes Optional Redemption
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • December 6 2016

The linked Mintz Levin client advisory discusses a recent Third Circuit Court of Appeals ruling that held a "make-whole" optional redemption premium


Make-Whole Momentum Halted: Third Circuit Rejects Momentive Rationale and Requires Debtor to Pay Make-Whole Premium
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • November 28 2016

In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions