Beware the long tail of successor liability—with recent cases involving asbestos, talc, and opioids, asset acquisitions may not be as “free and clear” as they seem. Exceptions to the “rule of non-liability” have expanded over recent decades....
Debtor-in-possession (DIP) financing is commonly used to fund operations during Chapter 11 restructuring and takes priority over existing claims. In some recent bankruptcy cases, last-minute loans and other liquidity infusions before filing...
Unsecured creditors in bankruptcy typically are barred from receiving postpetition interest on their prepetition claims against a debtor. That much is certain. But several courts recently have faced more challenging questions, such as whether unsecured creditors that are purported to be unimpaired...
Expand your horizons and explore recent happenings in cross-border insolvencies during this period of economic uncertainty. Key players from large international cases will discuss jurisdictional considerations, challenges assisting clients in foreign jurisdictions...
Restructuring is used as a tool in more and more music, entertainment, IP, and licensing deals. And, as more forms of media shift to online streaming and other new distribution mechanisms, how will reorganization and restructuring protocols value and adapt to new...
Bankruptcy provides debtors with important advantages for dealing with insolvency, but if bankruptcy is impractical or undesirable, alternatives such as ABCs, UCC Article 9 sales, and receiverships can often achieve similar results more quickly and with less...
Examine multilateral negotiation challenges and strategies against the backdrop of a Chapter 11 reorganization, where multiple constituents having different motivations must address each constituent’s needs and interests in order to achieve a shared goal of a...
Allegations of sexual abuse and other wrongdoing have prompted bankruptcy filings and other significant financial impacts for large non-profit institutions and other businesses. In this session, experienced attorneys will outline the customary committees, claims...
On April 19, 2019, Bankruptcy Judge Robert D. Drain of the Southern District of New York announced his much-anticipated ruling determining the appropriate rate of interest on the replacement notes issued under Momentive’s Chapter 11 plan. The ruling culminated a cramdown contest that had weaved its...
Chapter 11 offers debtors and debtors in possession numerous protections and benefits, including, perhaps most significantly, the concept of a “fresh start” for individuals and entities that submit to the process. Pursuant to Section 1141(d)(1) of the U.S. Bankruptcy Code, when a Chapter 11 plan of...
