The market is abuzz regarding the potential outcomes for American Airlines bondholders whose obligations are secured by American’s slots, gates and routes (SGR). As background, “slots...
In an apparent attempt to address delay and cost in the restructuring process, a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has imposed an u...
Before the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), indefinite extensions of a debtor’s initial 120-day exclusive period in which to fi...
Articles & Books
Contested Valuation in Corporate Bankruptcy: A Collier Monograph
In a recent decision issued in the Lehman Brothers Inc. SIPA proceeding in the Southern District of New York, In re Lehman Brothers Inc., Case No. 08-01420 (JMP) (SIPA), slip op. (Bankr. ...
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
Articles & Books
The Harvard Law School Forum on Corporate Governance and Financial Regulation
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
On June 28, 2011, in a much anticipated decision, a panel of the United States Court of Appeals for the Seventh Circuit, in In re River Road Hotel Partners, LLC, affirmed a decision of th...
Late last week, the United States Supreme Court affirmed a 2010 ruling of the Ninth Circuit Court of Appeals and held that a bankruptcy court, as a non-Article III court, did not have the...
The era of the non-consensual “gift plan” may be over. The Third U.S. Circuit Court of Appeals dealt a blow to the practice in 2005 in In re Armstrong World Indus., Inc., 432 F.3d 507...