Browse By Tags

by Ben Feder Energy Future Holdings (EFH), f/k/a TXU Corp., an energy company centered in Texas, was taken private in 2007 in the largest leveraged buyout transaction that has ever taken place . The deal was largely predicated on an anticipated rise...

PHILADELPHIA — (Mealey’s) The Third Circuit U.S. Court of Appeals on Sept. 4 in two opinions rejected challenges by Canada, Montana and a South Carolina hospital to Chapter 11 bankruptcy debtor W.R. Grace & Co.’s confirmed plan of...

SAN FRANCISCO — (Mealey’s) The Ninth Circuit U.S. Court of Appeals on Oct. 28 vacated the bankruptcy reorganization plan for a former asbestos insulator, finding that the plan failed to satisfy the requirements of Section 524(g) of the Bankruptcy...

Many commentators have remarked that a “new normal” has evolved for Chapter 11 proceedings , wherein the major constituents negotiate the salient terms and exit strategy of the debtor’s restructuring prior to the filing of the bankruptcy...

Under the theory that old news is still good news, I’m pleased to report that Collier International Business Insolvency Guide expert author Stephen Z. Starr, of Starr & Starr PLLC, was quoted in the January 11 New York Magazine Intelligencer...

by Michael M. Lauter In an unpublished decision in In re The Village at Lakeridge, LLC , BAP Nos. NV-12-1456 and NV-12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the United States Bankruptcy Appellate Panel of the Ninth Circuit held that a vote on a plan...

NEW YORK - (Mealey's) Twinkie maker Hostess Brands Inc., which had been proceeding with a bankruptcy reorganization plan, moved in the U.S. Bankruptcy Court for the Southern District of New York on Nov. 16 for authorization to convert its proceeding...

John Gallagher & Todd Duffield, of Paul, Hastings, Janofsky & Walker LLP, consider the ruling by a California bankruptcy court that a chapter 9 debtor is not bound by the requirements of Code section 1113 or any state law in rejecting a collective...

What started out a couple months ago as a " Slow Boat to China ," today feels more like the " Voyage of the Damned ." Yesterday I filed this " Opening Brief " (plus the Sale Opinion at Appendix A and the Sale Order and...

In this Emerging Issues commentary, authors Patrick E. Mears, John T. Gregg and Mathias Winge discuss Saab Automobile AG, a foreign subsidiary of General Motors. This company filed for reorganization in Sweden in February of 2009 under Sweden's Reorganization...

" Be careful what you wish for ," the old saying goes, and so too for those who wished for Chrysler to file for bankruptcy in order to achieve their objectives. Chrysler and all its major constituents will argue that the house is on fire and...

Three weeks ago, as I discussed here , I jumped into the GM fray and filed this objection on behalf 5 product liability claimants who, absent the "free and clear" sale protections sought by GM under Section 363, would have had the right to add...

Richard Levin, of Cravath, Swaine & Moore LLP, considers the significance of the first appellate decision holding that a company is liable to the Pension Benefit Guaranty Corporation for pension termination premiums after it emerges from a chapter...

Bankruptcy Code section 503(c) severely limits a debtors ability to pay management retention bonuses, severance, and other amounts. Holding on to valuable employees during a bankruptcy case can be a daunting task, and this Emerging Issues Analysis offers...

Many of us with kids of a certain age know the Friday night ritual: take the kids to Blockbuster to rent a movie. That era may be going away as companies find that they no longer need expensive bricks and mortar stores to rent movies. Next up for...