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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


3 Guidelines to Maximize Value of Data
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 24 2016

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s


Can the Corporate Veil be Pierced Against a Former Shareholder?
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 19 2016

A recent opinion issued by the United States District Court for the Northern District of Illinois reminds us that corporate veil-piercing liability is


Bankruptcy Settlements may not have to Comply with the Absolute Priority Rule? Not so fast
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 29 2016

In an earlier blog piece we reported on the Third Circuit's 2015 decision in In re Jevic Holding Corp. where the Court approved a settlement