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Results: 1-10 of 132

The fate of Argentina's debt restructuring is getting closer
  • Sheppard Mullin Richter & Hampton LLP
  • Argentina, USA
  • April 10 2013

In what the Financial Times has called "the sovereign debt restructuring case of the century," Argentina has timely submitted its proposal as


Delaware Supreme Court holds receiver is required to defend lawsuits after a corporation is wound-up; finds no generally applicable statute of limitation for claims against a dissolved corporation
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 11 2013

In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the


Creditors’ rights clarified by Interpretation II of the Supreme People’s Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China
  • Sheppard Mullin Richter & Hampton LLP
  • China
  • December 16 2013

Understanding your rights as a creditor while navigating under China's bankruptcy laws is becoming a must these days, especially for foreign


Equityholder's strategy for shifting tax burdens to creditors upheld by Third Circuit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 12 2013

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that


California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 27 2013

In Greb v. Diamond Int'l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the


Delaware Court of Chancery rejects contemporaneous ownership requirement for creditors asserting derivative claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 27 2014

In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery


Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 22 2016

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court


The Ninth Circuit holds that bankruptcy courts have authority to recharacterize debt as equity
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 14 2013

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity


Student loans: nondischargeability questioned in Seventh Circuit and beyond
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 25 2013

Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly


Cherry picking contract provisions in bankruptcy: not so taboo after all?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a