Don’t forget you can visit MyAlerts to manage your alerts at any time.
February 21, 2024 | New York Law Journal
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
By Corinne Ball
12 minute read
December 27, 2023 | New York Law Journal
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
By Corinne Ball
12 minute read
October 25, 2023 | New York Law Journal
Distress investors ought to take heed from the analysis set forth in 'In re Golden Seahorse.' The Bankruptcy Court for the United States Southern District of New York confronted a legacy of divergent cases, arguments among commentators and a somewhat ambiguous legislative history on the issue of cure requirements for reinstatement of a loan with favorable terms to its prepetition status
By Corinne Ball
14 minute read
August 23, 2023 | New York Law Journal
In her Distressed Mergers and Acquisitions column, Corinne Ball discusses 'In re Serta Simmons Bedding,' where, "ruling on the validity of the PET, the court addressed the role of equity, as well as the covenant of good faith and fair dealing, emphasizing that lender versus lender warfare is a "winner-take-all battle."
By Corinne Ball
15 minute read
April 25, 2023 | New York Law Journal
Fifth Circuit lauds bankruptcy courts, pointing to the importance of finality for bankruptcy sale orders and the damaging impact of COVID-19 on the debtor's business, to affirm good faith purchaser status of an affiliated purchaser.
By Corinne Ball
13 minute read
February 22, 2023 | New York Law Journal
In her latest Distress M&A column, Corinne Ball discusses the recent decision in 'Elec. Reliability Council of Texas v. Just Energy,' which she believes participants in state-regulated industries, such as utilities, should pay special attention to. The decision, ordering abstention, "raises the possibility that a state-regulated debtor may face real challenges in a reorganization if it seeks to dramatically alter its obligations to a state or quasi-state agency."
By Corinne Ball
13 minute read
December 21, 2022 | New York Law Journal
The Bankruptcy Code 502(b)(2) provision has been a point of contention when a solvent debtor prosecutes and confirms a plan that does not provide for the payment of post-petition interest.
By Corinne Ball
16 minute read
October 26, 2022 | New York Law Journal
A recent decision underscores that the focus of the business judgment rule with respect to a debtor is the impact on the estate, including the decision to sell its assets and permit the purchaser to designate leases for assumption.
By Corinne Ball
12 minute read
August 24, 2022 | New York Law Journal
The Bankruptcy Court for the Southern District of New York recently recognized a scheme of arrangement sanctioned by a court in the Cayman Islands, the debtor's place of incorporation, even though the debtor conducts substantially all of its business operations in the People's Republic of China.
By Corinne Ball
13 minute read
June 22, 2022 | New York Law Journal
The Third Circuit confirmed that §327 governs retention of counsel. Moreover, it determined that a review of potential conflicts is committed to the discretion of the bankruptcy court and stated that the analysis on review includes whether the bankruptcy court appropriately exercised its discretion in determining that disqualification was not a fitting remedy in the circumstance.
By Corinne Ball
9 minute read
Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...
Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...
Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...
Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
