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Thomas S. Kiriakos

Mayer Brown

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Intercreditor Agreements After Momentive: When a Hindrance Is Not a "Hindrance"

USA - December 13 2018 On November 30, 2018, the US District Court for the Southern District of New York issued its decision in intercreditor litigation relating to...

Brian Trust, Joshua R. Gross, Aaron Gavant.

US Supreme Court Addresses Safe Harbor Under Bankruptcy Code

USA - February 27 2018 Today, in a unanimous decision, the Supreme Court held in Merit Management Group, LP v. FTI Consulting, Inc. that the “safe harbor” for settlement...

Sean T. Scott, Tyler R. Ferguson.

What Does “Silent” Really Mean? An Overview of “Silent Second Lien” Loans in the US and Europe

USA, European Union - May 16 2017 Many capital structures include one or more debt facilities that are junior to senior debt secured by the same assets or property. One such type of...

Frederick C. Fisher, Anastasia N. Kaup, Andrew Crotty, Alex Dell, Martin Heuber, François-Régis Gonon.

US Supreme Court Reverses a Chapter 11 Structured Dismissal

USA - March 22 2017 On March 22, 2017, in an opinion by Justice Breyer, the US Supreme Court held in Czyzewski v. Jevic Holding Corp. that a dismissal of a Chapter 11...

Brian Trust.

Bankruptcy Codeprofessional fees

USA - June 15 2015 Section 330(a) of the Bankruptcy Code grants discretion to bankruptcy judges to award “reasonable compensation for actual, necessary services...

Brian Trust, Carl J. Summers.