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Article

Jones Day | USA | 13 Apr 2017

Marblegate: Second Circuit Reverses Broad Interpretation of Trust Indenture Act in Out-of-Court Restructurings

In a highly anticipated decision, a divided panel of the U.S. Court of Appeals for the Second Circuit ruled in Marblegate Asset Mgmt., LLC v. Educ

Article

Jones Day | USA | 31 Jan 2014

No surcharge for you: Third Circuit rules that section 506(c) surcharge is "sharply limited"

The ability to "surcharge" a secured creditor's collateral in bankruptcy is an important resource available to a bankruptcy trustee or chapter 11

Article

Jones Day | USA | 30 Sep 2013

Secured creditor may choose to take no action during Chapter 11 case without hazarding lien stripping

A long-standing legal principle is that liens pass through bankruptcy unaffected. Like every general rule, however, this tenet has exceptions. One of

Article

Jones Day | USA | 1 Dec 2012

Stockton, California, ruling: bankruptcy court powerless to prevent retiree benefit reductions by municipal debtor

Amid the economic hardships brought upon us by the Great Recession, the plight of cities, towns, and other municipalities across the U.S. has received a significant amount of media exposure.

Article

Jones Day | USA | 20 Apr 2009

Less stringent standard applies to rejection of collective bargaining agreements by municipalities in bankruptcy

The devastating consequences of an enduring global recession for businesses and individuals alike have been writ large in headlines worldwide, as governments around the globe scramble to implement assistance programs designed to jumpstart stalled economies.

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