Education & Information About Restructuring & Insolvency


March 19, 2018

KIRKLAND & ELLIS & PACHULSKI STANG ZIEHL & JONES ANNOUNCE NOTICE OF Combined hearing in the Chapter 11 bankruptcy cases of GST AUTOLEATHER, INC., et al to consider confirmation of the chapter 11 plan and adequacy of the disclosure...

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Long-Term Disruptive Trends: Installment #2 – Transportation Industry Trends

March 10, 2018

By:  Todd A. Zoha, CTP, CIRA[i] This article is the second in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. Click here for the first installment in this series. INTRODUCTION The...

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NYIC and IFA Host Factoring Lunch on March 6th, 2018

February 26, 2018

The New York Institute of Credit (NYIC) and International Factoring Association (IFA) are hosting a joint factoring event on March 6th, 2018. The post NYIC and IFA Host Factoring Lunch on March 6th, 2018 appeared first on Commercial Bankruptcy...

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Long-Term Disruptive Trends: Installment #1 – Bankruptcy Venue Reform

February 21, 2018

By:  Todd A. Zoha, CTP, CIRA[i] This article is the first in a series of articles discussing long-term disruptive trends and their impact on restructuring activity. INTRODUCTION The English Oxford dictionary defines “disruption” as a...

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January 22, 2018

NOTICE OF BANKRUPTCY CODE §363 SALE OF VISA/MASTERCARD INTERCHANGE FEE LITIGATION CLAIM BY ARO LIQUIDATION, INC., et al. f/k/a AEROPOSTALE, INC.   Background: ARO Liquidation, Inc. (“Company”) filed a voluntary petition under...

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Second Circuit Endorses Market Interest Rate for Cramdown Plan in Momentive

January 22, 2018

The United States Court of Appeals for the Second Circuit recently issued its long-awaited opinion stemming from the confirmed Chapter 11 plan of Momentive Performance Materials Inc1. The court reversed the lower courts’ controversial holding...

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Failure to Notice is Noticing to Fail

March 12, 2018

When things go south, it’s the little things that can get you into trouble.  When the servicer on a commercial mortgage sent the notice of foreclosure to the address on the deed of trust, but not to the known updated address of the obligors the obligors counter-sued for breach and the case has been pending now for eight years.  In a recent 5th Circuit opinion, the Court found that failure to serve the proper address can be an...

Fallbrook Technologies: Gears to Spheres…with a Bankruptcy Detour

March 8, 2018

On her The Bottom Line 11 blog, Fox partner Mette Kurth discussed the recent bankruptcy filing of mechanical systems startup Fallbrook Technologies: Texas-based Fallbrook Technologies has filed for chapter 11 protection. The committee formation meeting will take place on March 9, 2018 at 10:00 a.m. in Wilmington, Delaware. The formation notice is available here. World Domination, One Gear At a Time Fallbrook develops and...

Second Circuit Decision in Momentive: Half a Loaf is Better Than None, But Even the American HomePatient Approach Does Not Conform to the Fair and Equitable Standard

October 21, 2017

On Friday, the Second Circuit panel that heard the senior secured lenders’ appeal in MPM Silicones issued its opinion affirming the lower courts’ holdings in all but one respect, that being the interest rate applicable to a cramdown / cram-up of the senior secured claims under 11 U.S.C. § 1129(b)(2)(A)(I).  The court held that the lower courts’ application of the Till formula had been incorrect as a matter of...

Recent Developments in Practice: New York, Delaware and Singapore

June 2, 2017

This piece was originally published by the International Committee of the American Bankruptcy Institute (ABI).  For more information about the ABI, see Developments in Practice: New York, Delaware and SingaporeTally M. WienerLaw Offices of Tally M. Wiener, Esq.; New YorkDate Created: Fri, 05/26/2017 - 11:17 2 Weeks before Hanjin Shipping sought protection from its creditors in Korea, I got an unexpected call:...

U.S. Bank N.A. v. Village at Lakeridge, LLC

March 8, 2018

It’s been an interesting couple of weeks for bankruptcy at the United States Supreme Court with two bankruptcy-related decisions released in back-to-back weeks. Last week, the Supreme Court issued an important decision delineating the scope of section 546(e) of the Bankruptcy Code (discussed here [1] for those who missed it). Then again, this week, on March 5, 2018, the Supreme Court issued a somewhat strange (in the authors’...

A Patent Law Dispute Before the Supreme Court This Term Could Have a Major Impact on U.S. Bankruptcy Courts

January 9, 2018

The Supreme Court recently heard arguments in a patent dispute case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.  Although the case has nothing to do with bankruptcy law, its outcome could have a substantial impact on bankruptcy practice and litigation. Oil States Energy concerns the limits of Congress’s ability to create courts pursuant to Article I of the Constitution rather than under Article III, and...

Orrick Continues to be Ranked a Top Bankruptcy and Restructuring Firm by The Deal

February 22, 2018

  The Deal has published its 2017 bankruptcy and out-of-court restructuring league tables and again ranked Orrick as a top bankruptcy and restructuring law firm. The firm ranked: #5 overall ranking by dollar volume in The Deal’s Bankruptcy League Table #6 ranking for creditor’s counsel in The Deal’s Out-of-Court Restructuring League Tables, #7 for restructuring counsel to distressed companies in The Deal’s...

Stormy Daniel's Three-Way (Contract) & Donald Trump's Performance Problem

March 20, 2018

I want to return to the Stormy Daniels-Donald Trump-Michael Cohen Three-Way Contract.  It's actually really interesting from a contract doctrine perspective (besides being of prurient interest). The continued media coverage and scholarly commentary seems to be missing a key point, namely that this is a contractual ménage à trois, not a typical pairing. The fact that there are three parties, not two to the contract actually...

New Delaware Chapter 11 Filing – The Weinstein Company Holdings LLC

March 20, 2018

The Weinstein Company Holdings LLC, along with fifty-four (54) affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10601).  The Petition estimates the Debtors’ assets and liabilities to both be between $500 million – $1 billion.  According to the First Day Declaration, the Debtors have declared bankruptcy as a result of the...