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Troutman Pepper | USA | 12 May 2021

Third Circuit Rules that Parties Cannot Contract Around the Mutuality Requirement for Setoff in Bankruptcy

On March 19, in a matter of first impression, the Third Circuit Court of Appeals (Court) held that triangular setoff is not permissible in bankruptcy…

Buse Heberer Fromm | Germany | 11 May 2021

Insolvenz ist nicht das Ende.

Das Insolvenzrecht ist wieder in Kraft gesetzt. Die wenigen noch geltenden pandemiebedingten Ausnahmetatbestände gelten seit dem 01.05.2021 nicht meh…

Corona & Nepote Abogados | Mexico | 10 May 2021

The guarantor in the debtor's bankruptcy

In a guaranty, the guarantor assumes an obligation in favor of a creditor to pay in the place of the principal in the event of default (conditional…

Cullen and Dykman LLP | USA | 7 May 2021

Purdue Pharma: Is Protection of Third Parties by the Automatic Stay an Oxymoron?

The automatic stay provided under section 362 of the Bankruptcy Code is an injunction, arising when a bankruptcy case is filed, which prevents all…

Lowenstein Sandler LLP | USA | 6 May 2021

The Intersection of Insurance and Bankruptcy - Part 2

Continuing the conversation from our last episode, Michael Lichtenstein, guest host Joe Saka, and Lowenstein Bankruptcy & Restructuring Department…

Mayer Brown | USA | 26 Apr 2021

In re Fencepost Productions: Prudential Standing Doctrine Blocks a Subordinated Creditor from Voting

In a March 2021 decision in the jointly administered bankruptcy cases of Fencepost Productions, Inc. and certain of its affiliates, Judge Dale L…

Buchalter | USA | 26 Apr 2021

PPP Loans Now Available to Otherwise-Eligible Companies That Have Ended Their Bankruptcy Proceedings

The Small Business Administration ("SBA") has made an adjustment to its guidance to provide that entities which have concluded a bankruptcy…

Duane Morris LLP | USA | 22 Apr 2021

Expedited Pre-Packs: Balancing Cost-Saving with Adequacy of Notice

In HighPoint Resources Corporation, Case No. 21-10565-CSS (Bankr. D. Del. 2021), the U.S. Trustee’s office filed an objection (Dkt. No. 48) to the…

Knobbe Martens | USA | 22 Apr 2021

Does the Successor-in-Interest’s Shoe Fit?

MOJAVE DESERT HOLDINGS, LLC v. CROCS, Inc. Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: Parties…

Corona & Nepote Abogados | Mexico | 19 Apr 2021

Chapter 22 in Mexico.

How many times can a debtor file a petition in bankruptcy in the reorganization stage (Chapter 11)? What is the time between the approval of the plan…
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