News & Analysis as of

Proposed Legislation Chapter 11

Morgan Lewis

The Proposed GENIUS Act Raises Concerns Over Insolvency Provisions

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Much attention has been paid to the regulatory and customer protection provisions of the proposed Guiding and Establishing National Innovation of US Stablecoins Act, the so-called GENIUS Act, S. 1582 (the proposed Act)....more

White and Williams LLP

Bankruptcy Court Issues Sale Order Approving 23andMe Sale

Last month Restructuring Perspectives highlighted crucial issues at the intersection of privacy and distress presented by the Chapter 11 case of 23andMe. Specifically, “Data for Sale” discussed the recent appointment of a...more

Cadwalader, Wickersham & Taft LLP

Making Way For Stablecoin—Genius Act Would Amend Bankruptcy Code to Accommodate Certain Crypto Assets

Congress rarely amends the Bankruptcy Code.  Congress first adopted the Bankruptcy Code in 1978.  After a series of amendments in the early 1980s to address initial concerns, Congress amended the Code only modestly until the...more

Shumaker, Loop & Kendrick, LLP

Corporate bankruptcy reformation in the US - Eurofenix, Summer 2022

As a result of recent high profile Chapter 11 cases, such as Purdue Pharma and Johnson & Johnson, there has been great Congressional and media attention to controversial Chapter 11 practices. These include debtors’ forum- and...more

ArentFox Schiff

Bankruptcy Legislation Update: Senate Passes Bill Preserving $7.5 Million Eligibility Threshold for Subchapter V

ArentFox Schiff on

The Senate has passed a bill by unanimous consent to extend the heightened debt ceiling for Subchapter V of Chapter 11. If passed by the House and signed into law, small business borrowers with up to $7,500,000 in...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Corporate Bankruptcy Reformation: Proposed Legislation to Address Controversial Practices in Chapter 11

As a result of recent high profile Chapter 11 cases, such as Purdue Pharma and Johnson & Johnson, there has been great Congressional and media attention to controversial Chapter 11 practices. These include debtors’ forum and...more

Rosenberg Martin Greenberg LLP

Is the End Near for Third Party Releases In Chapter 11 Plans?

When the Bankruptcy Reform Act of 1978, the foundation on which the current Bankruptcy Code is constructed, was enacted, bankruptcy cases customarily involved a debtor addressing claims only against it. Consistent with that...more

Arnall Golden Gregory LLP

Restructuring Roundup - October 2021

Industry News - Washington Prime Group Announces Successful Completion of Financial Restructuring...   J&J is using a bankruptcy maneuver to block lawsuits over baby powder cancer claims...more

Arnall Golden Gregory LLP

Restructuring Roundup - September 2021

Industry News  - Intelsat, equity holders square off over bankruptcy examiner request... CBD Global Sciences Resumes Trading After Filing Of Financials...more

Morgan Lewis

Proposed Legislation May Limit Chapter 11 Plan Releases

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Chapter 11 plans of reorganization provide creditors with recoveries (cash or new securities) in exchange for a release and discharge of all claims against the debtor. Many Chapter 11 plans go a step further to release claims...more

Kerr Russell

Increased Bankruptcy Debt Ceiling Set To Expire

Kerr Russell on

In February 2020, Congress established a new subchapter of Chapter 11 of the Bankruptcy Code aimed at easing the burden and costs of reorganization for small businesses. This new Subchapter V, enacted under the Small Business...more

Levenfeld Pearlstein, LLC

Legislation Introduced To Extend CARES And CAA Bankruptcy Provisions

On February 25, 2021, Senators Durbin and Grassley introduced bipartisan legislation to extend the expiration dates of certain bankruptcy provisions of the CARES Act and the Consolidated Appropriations Act to March 27, 2022. ...more

Nossaman LLP

New Legislation Proposes Government Takeover of PG&E

Nossaman LLP on

On February 3, 2020, Senator Scott Wiener (D-San Francisco) introduced Senate Bill 917 (“SB 917”), which would establish a new process for a potential government takeover of Pacific Gas and Electric Company (“PG&E”)....more

Jones Day

The Year in Bankruptcy: 2018

Jones Day on

Rumors of another recession multiplied as the tumultuous second year of the Trump administration came to a close. Highlights of 2018 included a simmering trade war with China; political upheaval after the House of...more

Hogan Lovells

Bankruptcy Venue Reform Act Seeks to Limit Districts Where Debtors May File

Hogan Lovells on

On January 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2017. The bill would require that individual debtors file in the district where their domicile,...more

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