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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...

George E.B. Maguire, Jasmine Ball, 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...

My Chi To, George E.B. Maguire, Jasmine Ball, 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, George E.B. Maguire, Jasmine Ball, 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...

My Chi To, George E.B. Maguire, Jasmine Ball, M. Natasha Labovitz, Shannon Rose Selden.

Distressed investors beware: assignment restrictions may not mean what you think in certain jurisdictions

USA - April 8 2014 A recent appellate decision in the Western District of Washington prohibited hedge fund creditors from voting on a debtor's chapter 11 plan on the...

My Chi To, M. Natasha Labovitz, Klaudius Marius Heda, Katherine Ashton, Pierre Clermontel.