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Results: 1-10 of 125

Delaware Court of Chancery rejects contemporaneous ownership requirement for creditors asserting derivative claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 27 2014

In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery


Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 29 2013

In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held


First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

In Sun Capital Partners III, L.P. Et al. V. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24


Dodd-Frank’s intersection with the Bankruptcy Code could have significant impact for unsecured creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 21 2014

On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. V. Jacob


Equityholder's strategy for shifting tax burdens to creditors upheld by Third Circuit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 12 2013

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that


Bankrupt municipality may reduce retiree benefits
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 8 2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal


Are tribal corps. eligible for bankruptcy protection?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 13 2013

On March 4, 2013, 'SA' NYU WA Inc., a tribally chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy


Attacking LBO payouts as state law fraudulent transfers
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 11 2014

The United States Bankruptcy Court for the Southern District of New York (the "Court") in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL


The Seventh Circuit expands scope of absolute priority rule to protect creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 22 2013

In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule - which


Fifth Circuit refuses to enforce Mexican reorganization plan's proposed release of non-debtor bond guarantors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 14 2012

The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV