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Too Much of a Good Thing: Congress Allows Increased Subchapter 5 Eligibility Level to Expire

Over the past few years, one of the universally celebrated success stories in the bankruptcy and restructuring world has been Subchapter V of the Bankruptcy Code. Created by the Small Business Reorganization Act of 2019 (the...more

Last Dance? Third Circuit Shuts Down ‎J&J Affiliate’s Chapter 11 Case Predicated on “Texas Two-Step”‎

At the end of January, the Third Circuit Court of Appeals issued its long-awaited decision in the Chapter 11 bankruptcy case of LTL Management LLC (“LTL”), an affiliate of Johnson & Johnson (“J&J”). In a decision authored by...more

Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business...more

The Covenant Loophole That Wasn’t: SDNY Derides Windstream’s Structuring Efforts as “Too Cute by Half”

On February 15, 2019, following a full bench trial, the Honorable Jesse M. Furman (S.D.N.Y.) entered judgment in favor of Aurelius Capital Master, Ltd. (“Aurelius”) and against Windstream Services, LLC (“Windstream”) in the...more

Drop in Commodity Pricing, Liquidity Drives ‘Upstream’ Bankruptcy Filings

What are the characteristics of the energy companies that are seeking bankruptcy protection at this point in the current cycle? A: With respect to “upstream” sector companies that have sought bankruptcy protection over...more

[Event] Financial Distress in the Energy Sector: Managing Exposure and Leveraging Opportunities - July 23, Boston, MA

Locke Lord is pleased to bring this important and timely discussion to Boston. By leveraging the extensive experience our lawyers bring to the table from the energy, restructuring & insolvency and private equity sectors, we...more

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