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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


Legislative Update - JulyAugust 2016
  • Jones Day
  • Puerto Rico, USA
  • August 8 2016

On June 30, 2016, President Obama gave his imprimatur to the Puerto Rico Oversight, Management, and Economic Stability Act, Pub. L. No. 114-187


The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation
  • Jones Day
  • USA
  • August 8 2016

In the NovemberDecember 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the


U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law
  • Jones Day
  • Puerto Rico, USA
  • August 8 2016

On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored


From the Top in Brief - JulyAugust 2016
  • Jones Day
  • USA
  • August 8 2016

The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law. In the first, Husky Int’l


A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees
  • Jones Day
  • USA
  • August 8 2016

A borrower’s pre-bankruptcy waiver of the automatic stay is more likely to be enforced if contained in a forbearance agreement or an agreement


EuroResourceDeals and Debt - June 2016
  • Jones Day
  • Argentina, Canada, European Union, Italy, United Kingdom, USA
  • June 17 2016

During the last two years, the Italian government has focused on reforming the Italian lending market, with the aim of boosting access to financing


Seventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy
  • Jones Day
  • USA
  • June 1 2016

Even before Congress added section 365(c)(3) to the Bankruptcy Code in 1984, it was generally understood that a nonresidential real property lease


Oil and Gas Industry Update - MayJune 2016
  • Jones Day
  • USA
  • June 1 2016

In In re Sabine Oil & Gas Corp., 2016 BL 70494 (Bankr. S.D.N.Y. Mar. 8, 2016), Judge Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern


Sovereign Debt Update - MayJune 2016
  • Jones Day
  • Argentina, USA
  • June 1 2016

The Republic of Argentina returned to global debt markets after a 15-year absence on April 19, 2016, when it sold $16 billion in bonds to fund a