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 395

Ninth Circuit Abandons Entz-White: Default-Rate Interest Required to Cure and Reinstate Secured Debt Under Chapter 11 Plan
  • Jones Day
  • USA
  • November 23 2016

In 1994, Congress amended the Bankruptcy Code to add section 1123(d), which provides that, if a chapter 11 plan proposes to "cure" a default under a


Energy Future Holdings Loses Round Three in Fight Over Liability for Make-Whole Premiums
  • Jones Day
  • USA
  • November 23 2016

On November 17, 2016, the Third Circuit Court of Appeals issued a highly-anticipated ruling in the chapter 11 reorganization of Energy Future


The Climate Report, Fall 2016, Renewable Energy and Carbon Markets
  • Jones Day
  • USA
  • November 7 2016

On September 27, 2016, Appaloosa Investment Limited Partnership I ("Appaloosa"), TerraForm Power, Inc. ("TF Power"), and certain current and former


New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
  • Jones Day
  • USA
  • September 27 2016

On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a


Conflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
  • Jones Day
  • USA
  • September 27 2016

In Deutsche Bank Trust Co. Ams. V. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the


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


Ruling Provides Guidance on Standard to Reopen Fully Administered Chapter 11 Case “for Other Cause”
  • Jones Day
  • USA
  • September 27 2016

Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has


In Brief: Recent Rulings Demonstrate Evolving Law on Ability of Plan Trustees to Assert Creditors’ Pre-Bankruptcy State Law Fraudulent Transfer Claims
  • Jones Day
  • USA
  • September 27 2016

In Weisfelner v. Hofmann (In re Lyondell Chem. Co.), 2016 BL 241310 (S.D.N.Y. July 27, 2016), the U.S. District Court for the Southern District of


Proposed Amendments to Bankruptcy Rules and Forms
  • Jones Day
  • USA
  • September 27 2016

The Judicial Conference Advisory Committee on Bankruptcy Rules has proposed amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy


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