Perspectives on Bankruptcy & Strategic Litigation
21 total results. Page 1 of 1.
WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
This analysis will help retailers, creditors, vendors, and opportunistic investors who are poised to take advantage of the recent trend in bankruptcy cases.
On Sunday, June 11, 2017, Gymboree filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code in the US Bankruptcy Court for the Eastern District of Virginia, listing $755.5 million in assets and $1.365 billion in debts.
US District Court for the District of Delaware Analyzes Sufficiency of Notice for Rule 9019 Settlements
Chief Judge Leonard P. Stark of the District Court for the District of Delaware reversed and remanded the decision of the Bankruptcy Court which approved a Bankruptcy Rule 9019 settlement that Judge Stark concluded had been inadequately noticed under the circumstances.
US SDNY Bankruptcy Court Finds Bank Violated Automatic Stay by Placing Administrative Freeze on Debtor’s Bank Account
Chief Judge Cecelia G. Morris of the Bankruptcy Court for the Southern District of New York decided that banks may not place an administrative freeze, even a temporary one, on the bank account of an individual who files for bankruptcy.
In its ruling, the Appellate Court partially reversed the lower court’s limited approval of the Settlement by finding that the lower court improperly seconded-guessed the judgment of the Trustee and did not accord that judgment proper deference when considering approval of the Settlement.
The bankruptcy case of Energy Future Holdings (EFH) and its affiliates has already provided the Delaware bankruptcy court occasion to tackle a number of important bankruptcy questions, including the propriety of using tender offers to settle noteholder claims during the pendency of the case.
The Second Circuit in Krys v. Farnum Place denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC , a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.
The United States Bankruptcy Court for the Northern District of Texas (Bankruptcy Court) declined to grant comity to a decision of the Mexican labor board thereby refusing to recognize a foreclosure sale of assets belonging to Elcoteq, Inc., a US corporation in US bankruptcy proceedings.
Around this abundance of litigation developed a significant body of jurisprudence, to which Judge Sean Lane of the Southern District of New York Bankruptcy Court recently added in clarifying the ordinary course of business preference defense.
The Pitfalls of Imprecision: The Latest Momentive Decision Exposes the Weakness of Lien Subordination Under Intercreditor Agreements
In recent years, second lien financings have increased in popularity. Senior creditors rely on intercreditor agreements to protect their interests by limiting the rights that junior lien holders would otherwise enjoy as secured creditors through either lien subordination, payment subordination.
The FMB Bancshares Decision: Clarifying or Not Clarifying TruPS Holders’ Exercise of Remedial Rights
This case presents a common scenario and dynamic that a party involved with a distressed bank holding company may have seen in the last several years.
The Momentive Decision: Another Warning to Debtholders and Indenture Trustees to Ensure That Your Make-Whole is Not Full of Holes
On April 13, 2014, MPM Silicones, LLC and certain debtor affiliates (the Debtors) filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. The Debtors filed their plan of reorganization (the Plan) about a month later.
The crux of the issue the District Court considered was the interplay between sections 363(f) and 365(h) of the Bankruptcy Code.
Bankruptcy partner Aram Ordubegian was quoted in the Crescenta Valley Weekly on the economic impact the Americans with Disabilities Act (ADA) and other federal and state regulations will have on small businesses in the region.
On June 26th, Arent Fox managing partner Andrew Silfen will be a moderator for the panel entitled, "Views on the Bench" at the 11th Annual Philadelphia Credit & Restructuring Summit 2018.