A presentation of recent articles and decisions of interest to the lending community, including articles on Bankruptcy Directors and The Breakdown of Chapter 11; decisions on setoff (Orexigen), administrative priority claims (Energy Future Holdings), subordination agreements (Fencepost Productions), postpetition interest (PG&E), KERPs (LSC Communications); and developments in subchapter V (Johnson, 305 Petroleum, Walker, and Satellite...
A presentation of recent articles and decisions of interest to the lending community, including articles on Bankruptcy Directors and The Breakdown of Chapter 11; decisions on setoff (Orexigen), administrative priority claims (Energy Future Holdings), subordination agreements (Fencepost Productions), postpetition interest (PG&E), KERPs (LSC Communications); and developments in subchapter V (Johnson, 305 Petroleum, Walker, and Satellite...
A presentation of recent articles and decisions of interest to the lending community, including articles on Bankruptcy Directors and The Breakdown of Chapter 11; decisions on setoff (Orexigen), administrative priority claims (Energy Future Holdings), subordination agreements (Fencepost Productions), postpetition interest (PG&E), KERPs (LSC Communications); and developments in subchapter V (Johnson, 305 Petroleum, Walker, and Satellite...
In this Article, we use hand-collected data to shed light on a troubling innovation in bankruptcy practice. We show that distressed companies, especially those controlled by private-equity sponsors, often now prepare for a Chapter 11 filing by appointing bankruptcy experts to their boards of directors and giving them the board’s power to make key bankruptcy...
The Roberts Court’s Bankruptcy Jurisprudence—A look at the Supreme Court’s approach to bankruptcy law during Chief Justice Roberts’ 16 terms as Chief. Presented by Elliot Ganz, General Counsel & Co-Head of Pubic Policy, LSTA, Craig Goldblatt, Partner, WilmerHale, Richard Levin, Partner, Jenner & Block, and Danielle Spinelli, Partner, WilmerHale....
A presentation of recent decisions of interest to the lending community, including decisions on the automatic stay and turnover duty (Fulton), safe harbor transactions (SunEdison, Boston Generating), prejudgment interest on fraudulent transfer recovery (Petters), postpetition interest (Ultra Petroleum and CukerInteractive), subchapter V eligibility (Serendipity Labs), and PPP developments (Gateway Radiology). Presented by Elliot Ganz, General...
A presentation of recent decisions of interest to the lending community, including decisions on the automatic stay and turnover duty (Fulton), safe harbor transactions (SunEdison, Boston Generating), prejudgment interest on fraudulent transfer recovery (Petters), postpetition interest (Ultra Petroleum and CukerInteractive), subchapter V eligibility (Serendipity Labs), and PPP developments (Gateway Radiology). Presented by Elliot Ganz, General...
Legal experts will delve into how the fallout from years of Cov-lite credit documents, the recent pandemic pandemonium, and the influx of large distressed investment has all impacted the Chapter 11 landscape. This replay was presented by Kelly Dybala, Partner, Sidley Austin LLP, Elliot Ganz, General Counsel and Co-Head, Public Policy Group, LSTA, Moderator and...
This presentation of recent decisions of interest to the lending community, included decisions on debtors’ eligibility for Payroll Protection Plan SBA loan (Roman Catholic Church of the Archdiocese of Santa Fe and Calais Regional Hospital)dirt-for-debt plans (Fleming), new subchapter V of chapter 11 (Ventura), priority of reclamation and DIP financing claims (hhgregg), default interest (Family...
Many loan market participants are expecting a steep rise in borrower defaults and bankruptcy filings. What is the purpose of Chapter 11? How does it work? What unique challenges to the bankruptcy system can we expect from unprecedented disruption of the COVID-19 pandemic? Dennis Twomey, a partner in the Restructuring Group at Sidley, answered these...
