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By: Charles M. Oellermann and Mark G. Douglas , Jones Day
This article discusses a recent decision in the U.S. Court of Appeals for the Third Circuit addressing whether triangular setoff is permissible in bankruptcy.
THE ABILITY OF A CREDITOR TO EXERCISE ITS CONTRACTUAL , common-law, or statutory...
By: Mark Haut, Practical Guidance
This article provides an update on several developments that have occurred since the Small Business Reorganization Act of 2019 (SBRA) became effective on February 19, 2020. The SBRA created a new bankruptcy option under Chapter 11, known as Subchapter V, which allows...
By: Daniel J. Merrett and Mark G. Douglas , Jones Day
This article discusses a recent U.S. Court of Appeals for the Tenth Circuit bankruptcy appellate panel (BAP) decision on whether Section 364(d)(1) of the Bankruptcy Code 1 could be used to approve Chapter 11 plan exit financing that primed the liens...
By: Daniel G. Egan , Ropes & Gray LLP with updates by the Lexis Practice Advisor Attorney Team
As the Coronavirus pandemic continues to impact our economy, many companies will need to consider whether to pursue a loan workout. This article examines considerations that affect whether and in what...
By: Mark Haut , Lexis Practice Advisor
This article provides general guidance for counsel retained to represent a party in interest in a bankruptcy proceeding. Bankruptcy cases involve myriad issues so coverage in this article is limited to certain general actions that should usually be taken when...
By: Ira L. Herman , Blank Rome, LLP
The Statutory Predicate for Recharacterization
To increase their share of a finite bankruptcy pie, creditors, debtors and other parties in interest in a case will seek to reduce or eliminate competing claims. This objective may be accomplished using various provisions...
By: Ira L. Herman , Thompson & Knight LLP
The price of crude oil, like the price of virtually all commodities, moves up in times of high demand and down in times of excess capacity. When a mismatch exists between supply and demand, the markets are expected to self-correct. Excess supply should...
By: Cameron Kinvig
LEXIS PRACTICE ADVISOR RESEARCH PATH: Financial Restructuring & Bankruptcy > Identifying Bankruptcy Risk > Oil and Gas Agreements > Practice Notes
With oil prices at multi-year lows, the upstream oil and gas industry is reeling. Many exploration and production concerns...