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Less Than 40 Days to Prepare for ‘Protecting American Energy From State Overreach’ Executive Order

At a Glance - Should the U.S. government declare that the environmental and/or sustainable commodities that have been generated under a state law regime are illegal, lenders and borrowers using state-generated carbon...more

Do You Know Your Debtor’s Name? Minor Mistakes in UCC-1 Financing Statements Might Be Seriously Misleading

Zero tolerance continues to be the name of the game in drafting Uniform Commercial Code (UCC) financing statements. While in some states, minor mistakes in UCC financing statements may be forgiven, in at least Florida, no...more

Two Recent Chapter 15 Cases Clarify Just How Low the Bar Is for Recognition

Two recent bankruptcy cases have further established the perfunctory nature of a petition to recognize a foreign bankruptcy petition in the United States under Chapter 15 of the U.S. Bankruptcy Code (the “Bankruptcy Code”)....more

Debtor’s Obligation to Reimburse Indenture Trustee Limited to Incurred Fees and Costs

On June 25, 2021, Judge Shannon issued the Memorandum Opinion in In re Tribune Media Company, Chapter 11 Case No. 08-13141 (BLS), U.S. Bankruptcy Court for the District of Delaware, on remand from the U.S. District Court for...more

Silver Linings: COVID-Response Law Offers Expanded Preference Protections

Creditors face unanticipated risks when customers file for bankruptcy protection. One such risk is “preference liability,” where the bankruptcy estate seeks to claw-back payments made to a creditor within the 90-day period...more

Market Stress and Diligence Concerns for the Tax-Exempt Finance Market

It is hard to assess the long-term economic effects of COVID-19, but it is clear that the short-term and mid-term effects on the markets are and will be significant. This is especially true for stakeholders in the tax-exempt...more

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