While companies and advisors understand that communications and stakeholder relations have an important role to play in a successful restructuring process, the need to effectively plan for and manage communications in mass tort Chapter 11 cases is significantly heightened. The restructuring process...
In recent years, Bankruptcy Courts have seen an influx of bankruptcies that primarily result from a debtor’s outstanding mass tort liability. While many commentators focus on plan confirmation issues, such as non-debtor releases, mass tort bankruptcies pose unique challenges in the solicitation and...
Insolvency and restructuring proceedings under Canada’s Companies' Creditors Arrangement Act (CCAA) have come a long way over the last 20 or so years. There was a time when a company couldn’t hope to benefit from CCAA protection without a clear path to restructuring its business and settling its...
How mass torts may be addressed through a bankruptcy process is a topic garnering significant academic and practical attention, but for which there is no easily identifiable solution. Although a fundamental goal of U.S. bankruptcy laws is to give debtors a financial fresh start from burdensome...
Join the team of professionals who helped save the largest privately owned coal company in the U.S., Murray Energy Holdings Co. In one of the most complex cases of 2020, Murray shed much of its $2.7 billion in funded debt and ~$8 billion in actual or potential legacy liabilities, providing its...
The Texas Two-Step is a strategy that has been used by companies with enormous tort liabilities and it is getting a lot of attention now. Join us to learn more about what the Texas Two-Step is, how it’s being used, and the variety of issues it involves. We’ll...
The concept and benefits of providing debtor-in-possession (DIP) financing under Bankruptcy Code Section 364 are not new. But because DIP financing negotiations are often conducted on a compressed timeline and can be both complex and laborious, this article serves as both a primer and refresher for...
As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting...
Join Cullen Speckhart, co-author of the Journal of Corporate Renewal article, “Amendments to Delaware Local Rules Clarify the Scope of Mediation Privilege,” for a timely discussion with Evan Lazerowitz and Richard Mikels. While Delaware has been at the forefront of bankruptcy mediation...
A 10-figure bankruptcy demands innovative approaches to case management and court administration, especially where large numbers of adversary proceedings are expected. One trend in recent cases—pre-discovery mediation—is proving successful in that regard, although it does have potential pitfalls of...
