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Expansive Trust Indenture Act interpretation may negatively affect bond restructurings

USA - January 28 2015 In two recent decisions, the United States District Court for the Southern District of New York adopted an interpretation of Section 316(b) of the...

Richard F. Hahn, George E.B. Maguire, M. Natasha Labovitz, David A. Brittenham, Paul D. Brusiloff.

Second Circuit extends equitable mootness doctrine to Chapter 11 liquidations

USA - November 24 2014 In In re BGI, Inc. fka Borders Group, Inc.,1 the Second Circuit recently held that the doctrine of equitable mootness a doctrine that...

Richard F. Hahn, My Chi To, George E.B. Maguire, M. Natasha Labovitz, Shannon Rose Selden.

Delaware court affirms refusal to extend WARN Act liability to private equity sponsor

USA - October 7 2014 On September 29, 2014, the United States District Court for the District of Delaware affirmed an earlier decision of the Delaware Bankruptcy Court in...

Kevin M. Schmidt, Richard F. Hahn, George E.B. Maguire, M. Natasha Labovitz, Shannon Rose Selden.

The Supreme Court confirms that bankruptcy courts can issue proposed findings of fact and conclusions of law in Stern-type disputes

USA - June 11 2014 On Monday, the Supreme Court confirmed that bankruptcy courts may hear "Stern-type" matters (such as tortious interference counterclaims) that...

Richard F. Hahn, My Chi To, George E.B. Maguire, M. Natasha Labovitz, Shannon Rose Selden.

Newly affirmed bankruptcy court ruling outlines path to bankruptcy discharge for mass tort claims

USA - February 18 2014 Chapter 11 has long been used by companies to obtain relief from legacy tort liabilities. There has been a lingering question, however, as to whether...

Richard F. Hahn, George E.B. Maguire, Maura Kathleen Monaghan, M. Natasha Labovitz, Shannon Rose Selden.