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SDNY Bankruptcy Court Grants Provisional Chapter 15 Relief to US Entities, Finding COMI in Canada

The US Bankruptcy Court for the Southern District of New York recently issued a ruling in In re Giftcraft Ltd., Case No. 25-11030, granting provisional relief to Giftcraft Ltd. (Giftcraft Canada) – a company organized under...more

SDNY Bankruptcy Court Holds that “Opt-Out” Mechanism Renders Third-Party Releases Consensual in Spirit Airlines Chapter 11 Plan

The US Bankruptcy Court for the Southern District of New York (the Court) recently approved third-party releases contained in a chapter 11 plan (the Plan) and found that, under the facts and circumstances, the opt-out...more

Fifth Circuit Rules that Serta Simmons Bedding, LLC’s 2020 Uptier Transaction Violated Pro Rata Distribution Covenant

In a landmark ruling, the US Court of Appeals for the Fifth Circuit ruled that a June 2020 refinancing transaction (the Uptier Transaction) entered by Serta Simmons Bedding, LLC (SSB, or the Debtor) and certain of its lenders...more

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