News & Analysis as of

Automatic Stay Reorganizations Chapter 11

Greenberg Glusker LLP

Chapter 11—A Basic Primer

Greenberg Glusker LLP on

No one sets out in business to fail, but despite our best efforts, this sometimes occurs. The reasons are multiple and varied: Sometimes there is a change in the industry and the business has not been able to evolve to meet...more

Ballard Spahr LLP

Opinion Suggests Competition is King and a Debtor's Customers May Be Targeted Without Violating the Automatic Stay

Ballard Spahr LLP on

Summary - The Southern District of New York on October 6, 2022, reversed an award of over $19 million in favor of debtor Windstream Holdings against Charter Communications, Windstream’s competitor in the telecommunications...more

Freeman Law

Violations of the Bankruptcy Discharge Injunction

Freeman Law on

The recent case of In re Micah Cade McKinney, Case No. 21-50046-rlj-11 (Bankr. N.D. Tex., April 28, 2022) provides insight as to violations of the bankruptcy discharge injunction....more

Jenner & Block

Recent Developments in Bankruptcy Law, April 2022

Jenner & Block on

2. AVOIDING POWERS - 2.1 Fraudulent Transfers - 2.1.a Imposition and payment of a tax penalty is not a fraudulent transfer. While insolvent, the debtor incurred and paid tax penalties before bankruptcy. A transfer of...more

Rosenberg Martin Greenberg LLP

When Bankruptcy Law and Environmental Law Collide: Maryland District Court Holds That Confirmed Chapter 11 Plan Discharged Cleanup...

Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities. Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending...more

Skadden, Arps, Slate, Meagher & Flom LLP

International Companies Turn To US Restructurings for COVID-19 Relief

Many foreign companies experiencing financial distress due to the COVID-19 pandemic have utilized the American bankruptcy system to restructure. In 2020, major airlines in Chile, Colombia and Mexico availed themselves of...more

Buchalter

Hotel Bankruptcies: 8 Key Issues for Hospitality Advisors

Buchalter on

The COVID-19 pandemic has forced many hospitality professionals and their clients to confront bankruptcy, insolvency, and loan workout issues for the first time since the Great Recession. Chapter 11 presents a host of unique...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Berau May Expand US Restructuring Options for Foreign Issuers"

A recent decision in the U.S. Bankruptcy Court for the Southern District of New York clarifies that restructuring options under Chapter 11 or Chapter 15 are available to foreign issuers of U.S. debt, even if those issuers...more

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