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Mayer Brown | USA | 15 Nov 2023

Agreements Among Lenders and Unitranche Facilities - a Fresh Look at a Trending Product

Over the past several years, unitranche facilities have become increasingly prevalent. This growth has been driven by the ever-growing class of…
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Mayer Brown | USA | 8 Nov 2023

WeWork Files Chapter 11: Issues for Landlords

On November 6, 2023, WeWork Inc. and several hundred of its affiliates filed voluntary chapter 11 cases in the US Bankruptcy Court for the District…
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Patterson Belknap Webb & Tyler LLP | USA | 5 Oct 2023

Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction

Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings…
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McDermott Will & Emery | USA | 24 Aug 2023

Uncompleted Building Sold in Bankruptcy Doesn’t Infringe Architect’s Copyright

The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that there was no actionable infringement where an uncompleted…
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Mintz | USA | 7 Jul 2023

SCOTUS Bankruptcy Decision Roundup

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four…
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Mayer Brown | USA | 13 Jun 2023

US Bankruptcy Court Holds for Serta and Participating Lenders in Uptiering Transaction Dispute

On June 6, 2023, the US Bankruptcy Court for the Southern District of Texas (the “Court”) confirmed Serta Simmons Bedding, LLC’s (“Serta”) Chapter 11…
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Shearman & Sterling LLP | USA | 9 Jun 2023

Serta’s ‘Uptiering’ Maneuvering Approved by U.S. Bankruptcy Court

Serta Simmons Bedding, LLC’s (“Serta”) chapter 11 reorganization plan has been confirmed by the U.S. Bankruptcy Court for the Southern District of…
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Latham & Watkins LLP | USA | 8 Jun 2023

Texas Bankruptcy Court Approves Serta Simmons “Uptier” Transaction

The ruling, which held that the transaction did not violate the implied covenant of good faith and fair dealing, highlights the importance of…
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Vinson & Elkins LLP | USA | 6 Jun 2023

In re Purdue Pharma L.P.: Second Circuit Reverses S.D.N.Y and Holds Bankruptcy Court Has Subject Matter Jurisdiction and Statutory Authority to Approve Sackler Family Releases

On May 30, 2023, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) rendered a much anticipated opinion…
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Patterson Belknap Webb & Tyler LLP | USA | 30 May 2023

New Ruling on Remedy for Disparity in Bankruptcy Fees

We have blogged a few times about the Supreme Court’s decision in Siegel v. Fitzgerald and its implications. In Siegel, the Supreme Court invalidated…
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