Restructuring

With the President’s signature on July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act (“the A...

In a recently published decision, In re DBSD North America Inc., 421 B.R. 133 (Bankr. S.D.N.Y. 2009), Hon. Robert E. Gerbe...

In a notable recent decision (In re Exide Technologies, Docket Number 08-1872 (3d Cir. Jun. 1, 2010)), the Third Circuit, ...

On June 15, 2010, significant amendments to Bankruptcy Rule 2019, which governs the disclosure of claims and interests hel...

This article examines whether a debtor in possession (DIP) may unilaterally settle estate causes of action brought by a cr...

A “break – up fee” is a very common deal - protection mechanism, both inside and outside of chapter 11, designed to ...

The ability of creditors in bankruptcy to seek the “substantive consolidation” of the assets and liabilities of affili...

In a highly anticipated decision, on March 22 a split panel of the 3rd U.S. Court of Appeals affirmed the District Court b...

In a much anticipated decision, on March 22, 2010, a split panel of the United States Court of Appeals for the Third Circu...

The loan markets began 2009 in the shadow of the credit crunch that began in the summer of 2007 and escalated to a credit ...