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Valuation Commercial Bankruptcy

Conyers

Cayman Islands Restructuring: Observations Following Petrofac

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This article follows our previous commentary on the English High Court’s decision in May 2023 to sanction the Adler Group’s restructuring plan and the Court of Appeal’s reversal of that decision in February 2024. The recent...more

Seward & Kissel LLP

[Hybrid Event] Blockchain Symposium: Spring Crypto | Crypto Spring - March 27th, New York, NY

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Please join Seward and Kissel's Blockchain & Cryptocurrency Group on Wednesday, March 27, 2024 for the S&K Blockchain Symposium: Spring Crypto | Crypto Spring....more

Lathrop GPM

Eleventh Circuit Holds Franchisor’s Justified Threat of Criminal Prosecution Does Not Justify Setting Aside Settlement Agreement...

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The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak...more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

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In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

ArentFox Schiff

Pocket Full of Crypto-Volatility: Stakeholders in Bankrupt Crypto Firms Must be Flexible, Agile & Educated

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Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package...more

White & Case LLP

CIGA: Super-scheme to the rescue? The UK’s new Corporate Insolvency and Governance Act introduces a restructuring plan procedure...

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The new UK Corporate Insolvency and Governance Act (CIGA), which took effect in June 2020, ushers in permanent changes to the English insolvency and restructuring landscape as well as temporary, and largely retrospective,...more

Opportune LLP

3 Fairness & Solvency Opinion Themes In The Context Of Latest Oil & Gas Bankruptcy Cycle

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We’ve been keeping busy, but unfortunately for the oil and gas sector, it has been especially busy in our Restructuring group. As we help clients navigate these difficult times, we’ve been noticing several common themes as...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - March 2020 #2

The Drop in Oil was Perhaps the ‘Final Straw’ for U.S. Credit Markets, Strategist Says - "The credit market is sensitive to moves in oil because a 'very large portion' of high-yield bonds in America are issued by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

McCarter & English, LLP

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected...more

Morrison & Foerster LLP

Unsecured Creditor Perspectives in Energy Restructurings

This Practice Note provides guidance and advice to unsecured creditors in energy restructurings. This Note specifically addresses restructurings in the oil, gas, and coal industries and the strategies that unsecured creditors...more

Troutman Pepper

Calculating Title Insurance Claims: Reduction in Value vs. Insured Claim

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After a mortgagor filed bankruptcy, a lender brought claims under a ship mortgage insurance title policy. [See, First Am. Bank v. First Am. Transp. Title Ins. Co., 759 F.3d 427 (5th Cir. 2014).] The lender appealed the...more

Troutman Pepper

Calculating Title Insurance Claims: Reduction in Value vs. Insured Claim

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First Am. Bank v. First Am. Transp. Title Ins. Co., 759 F.3d 427 (5th Cir. 2014) – After a mortgagor filed bankruptcy, a lender brought claims under a ship mortgage insurance title policy. The lender appealed the...more

Cooley LLP

Blog: Delaware Bankruptcy Court Adopts “Subsequent Advance” Approach to Preference New Value Defense

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In Miller v. JNJ Logistics LLC (In re Proliance Int’l, Inc.), the question was “whether an (alleged) preferential transfer may be reduced by subsequent new value regardless of whether it was ‘paid’ or ‘unpaid’ prior to the...more

Orrick, Herrington & Sutcliffe LLP

Lehman Court Finds Safe Harbors Protect Damage Calculation Provisions In Swap

Judge James M. Peck issued an important opinion in the Lehman Brothers bankruptcy late last month. The opinion protects a non-debtor counterparty's right to rely on a contractually agreed methodology for damages calculations...more

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