ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Under section 362 of title 11 of the United States Code (the “Bankruptcy Code”), the filing of a bankruptcy petition results in an automatic stay that generally enjoins any creditor from taking any action against a debtor or its property. [1]

Equity 40

Equity Appraisal 40

ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff One of the requirements a debtor must meet in order to be eligible for Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) is that it must be "engaged in commercial or business activities." [1] Tyler Manger St.

Equity 40

Equity 40

Reynolds Holding

JULY 19, 2022

One of the key unresolved questions surrounding crypto-custodian bankruptcy proceedings under the U.S. Recently, these risks have come to the limelight as two major crypto custodians have commenced bankruptcy proceedings and several others are facing financial difficulties. Voyager, on the other hand, filed for Chapter 11 bankruptcy.

Banking 49

Banking Marketability Finance 49

Reynolds Holding

AUGUST 2, 2022

Among those who study corporate financial distress and reorganization, the notion that senior lenders are in control is deeply ingrained. They prefer not to push the borrower into a bankruptcy, but they can, and that can induce preemptive compliance. 2] This isn’t just about covenant-lite institutional term loans.

Corporate Finance 83

Corporate Finance Equity Finance Enterprise Value 83

ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

Banking 40

Banking Finance 40

ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] By: Michael Quintman.

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Reynolds Holding

OCTOBER 23, 2022

In the wake of the industry’s recent significant bankruptcy filings, crypto watchers are focusing for the first time on which crypto-entities are eligible for chapter 11 relief [1] under the U.S. dollars as of the date of the bankruptcy filing. 5] Thus, the general rule is that all claims are valued in U.S.

Equity 58

Equity Fair Market Value Marketability 58

Reynolds Holding

APRIL 16, 2023

A key principle of Chapter 11 corporate reorganizations is the “ absolute priority rule.” Bondholders should fare no worse than common equity, regardless of whether a financial institution is put in an insolvency proceeding or bailed out, and the applicable bond terms should reflect this. For sure, the bondholders are upset.

Banking 75

Banking Equity Finance Marketability 75

Reynolds Holding

DECEMBER 18, 2023

It derives from the confluence of several provisions in professional responsibility law, the Bankruptcy Code, and partnership governance law. Bankruptcy law puts payments to partners after a firm is ruled insolvent (anti-fraudulent transfer) at risk of clawback and similarly locks in partner capital contributions (preferential transfer).

Private Equity Firm 59

Private Equity Firm Start-ups Debt Financing Banking 59

Shephard Mullin M&A

APRIL 21, 2020

Both the US Government as well as Foreign Governments have and will continue to provide short- and long-term financial support to these businesses. At a high level, sales of distressed targets that take place outside of bankruptcy court appear fairly similar to non-distressed M&A processes. Timing of Closing.

Capital Structure 52

Capital Structure Equity Banking Finance 52

ABI

JANUARY 10, 2020

American Bankruptcy Institute Law Review Staff Member. Luxurious lifestyles alone do not violate the good faith requirement for proposing a plan of reorganization under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). The purpose of the Bankruptcy Code is to provide honest debtors with a fresh start. [13]

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ABI

JANUARY 13, 2021

American Bankruptcy Institute Law Review Staff. . In March of 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) in response to the Covid-19 pandemic. [i] x] The bankruptcy court considered the text of the CARES Act and the APA in its analysis. By: Meghan Paola.

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ABI

JANUARY 22, 2020

American Bankruptcy Institute Law Review Staff. . Under section 109 of title 11 of the United States Code (the “Bankruptcy Code”), a person is generally eligible to be a debtor. [1] 2] A corporation includes a business trust, which is not defined by the Bankruptcy Code. [3] John’s University School of Law. 1] See 11 U.S.C. §

Banking 40

Banking 40

Cooley M&A

OCTOBER 4, 2023

In practice, this means that management should maintain a set of long-term forecasts (in addition to, but based upon, the standalone operating budget approved by the board each year) that is periodically reviewed with the board. Otherwise, a Chapter 7 liquidation proceeding may be on the table.

Equity 52

Equity Finance Equity Financing Marketability 52

Musings on Markets

SEPTEMBER 11, 2023

The recent troubles in entertainment, though, reflect a longer term disruption that has occurred in the business, with the rise of streaming as an alternative to the traditional platforms for movies and television shows. A business that has always been top heavy in terms of rewarding success, has become even more so.

Start-ups 77

Start-ups Market Capitalization Marketability Technology 77

Reynolds Holding

APRIL 3, 2024

In a Reorganization Plan 10 world, [8] ensuring that policy decisions are not delegated to the staff can be particularly tricky. Further, Vice Chairman Hill contends that because SAB 121 applies to “crypto-assets,” a broadly defined term, it may encompass other tokenized real-world assets. 8] Reorganization Plan No.

Start-ups 45

Start-ups Banking Marketability Compliance 45

Brian DeChesare

JUNE 1, 2022

Finally, except for one-off scenarios like the Pacific Gas & Electric bankruptcy , restructuring deals are not common in this sector. Demographics – Population growth and demographics are the most important long-term drivers that affect utility demand. asset-level deals are more frequent. Power & Utilities Trends and Drivers.

Banking 93

Banking Equity Book Value Capital Structure 93

Reynolds Holding

AUGUST 22, 2022

The primary explanations for the existence of zombies include the “evergreening hypothesis,” which suggests that banks roll over problem loans for insolvent borrowers to avoid large loan write-downs or presumably more costly Chapter 11 bankruptcy (Sekine, Kobayashi, and Saita, 2003; Peek and Rosengren, 2005; and Andrews and Petroulakis, 2019).

Banking 45

Banking Finance Capital Structure Marketability 45