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Results: 1-10 of 8,375

Commercial Landlords: Don’t Terminate That Defaulting Lease Yet!
  • Kegler Brown Hill + Ritter
  • USA
  • May 19 2016

Understand that termination of a defaulting commercial lease may constitute a transfer of assets and a fraudulent conveyance in the event of a tenant


Insured vs. Insured exclusions in post-insolvency claims
  • DAC Beachcroft LLP
  • USA
  • May 25 2016

A common query with D&O insurance coverage is whether post-insolvency claims against the insolvent company’s directors and officers trigger the


Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise
  • Holland & Hart LLP
  • USA
  • May 24 2016

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation


Trouble Down the Pipeline? What Sabine Oil & Gas Corp. May Mean For The Midstream Service Sector
  • Burr & Forman LLP
  • USA
  • May 24 2016

Recently, the Bankruptcy Court for the Southern District of New York issued an opinion in In re Sabine Oil & Gas Corp. that permitted the debtor


The Marblegate Oral Argument in the Second Circuit Court of Appeals
  • Weil Gotshal & Manges LLP
  • USA
  • May 20 2016

The Second Circuit Court of Appeals heard oral arguments in Marblegate Asset Management LLC v. Education Management Corp. on May 12, 2016. One might


Failure to Observe Bankruptcy Rule Deadline in An Adversary Proceeding Tried in District Court Costs Defendants Opportunity to Appeal $6,000,000 Verdict
  • Bryan Cave LLP
  • USA
  • May 17 2016

A recent case from the 11th Circuit illustrates the procedural perils of litigation arising from a bankruptcy case but ultimately tried in the


SALT Implications of Proposed Section 385 DebtEquity Regulations
  • McDermott Will & Emery
  • USA
  • May 18 2016

On April 4, 2016, without warning, the US Department of the Treasury proposed a new set of comprehensive regulations under section 385. There had


R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 3
  • McGuireWoods LLP
  • USA
  • May 19 2016

Reuters recently reported that “the rout in crude prices is snowballing into one of the biggest avalanches in the history of corporate America, with


Not So Fast - Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge in Husky International
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • May 25 2016

One of the goals of the Bankruptcy Code is to provide a debtor with a fresh start. The discharge of prepetition debts at the conclusion of a


Lookback Period - Twelve Weeks (pt 2)
  • Weil Gotshal & Manges LLP
  • USA
  • May 25 2016

Litigants sometimes may make a strategic decision to lie back and wait before asserting causes of action. As Yonit Caplow discussed in Fourth Circuit