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Seventh Circuit Deepens Circuit Split on Applicability of Section 546(e) Safe Harbor to Transactions Involving Financial Institution Acting as Mere Conduit
  • Jones Day
  • USA
  • September 27 2016

In FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), a three-judge panel of the U.S. Court of Appeals for


Bankruptcy Court Denies Aeropostale's Motions for Equitable Subordination and to Limit Credit Bidding
  • Jones Day
  • USA
  • September 13 2016

Secured lenders have welcomed a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York in the chapter 11


Circuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
  • Jones Day
  • USA
  • August 22 2016

On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe


Bankruptcy sales: the stalking horse
  • Jones Day
  • USA
  • March 16 2015

Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser


Seventh Circuit suggests that longer assumptionrejection deadline should govern integrated franchise and commercial lease agreements
  • Jones Day
  • USA
  • March 31 2014

It is broadly accepted that the abbreviated deadline for a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume or reject an


In re Leslie Controls, Inc.: the Delaware bankruptcy court weighs in on the common-interest doctrine
  • Jones Day
  • USA
  • December 31 2010

The "common interest" doctrine allows attorneys representing different clients with aligned legal interests to share information and documents without waiving the work-product doctrine or attorney-client privilege


In re Quigley Company, Inc.: New York bankruptcy court denies confirmation of proposed Chapter 11 asbestos plan
  • Jones Day
  • USA
  • December 31 2010

The early 2000s witnessed a wave of chapter 11 filings by entities with liability for asbestos personal-injury claims


Delaware bankruptcy court overrules objection of lone dissenting syndicate lender to collateral agent's credit bid
  • Jones Day
  • USA
  • April 9 2009

One of the key protections afforded to secured creditors under the Bankruptcy Code is the right of a holder of a secured claim to credit bid the allowed amount of its claim as part of a sale process under section 363 of the Bankruptcy Code



Brad B. Erens
  • Jones Day