By Dan Packel | June 25, 2018
Practice co-chair Nancy Mitchell and her team worked alongside O'Melveny lawyers on the massive restructuring of Puerto Rico's debt.
By Angela Turturro | June 11, 2018
In this Special Report: "Nonprofit Bankruptcy Sales and Transfers," "Plan Support Agreements: Key Considerations for Creditors," "Insolvency Risk Planning for Cross-Border Transactions," "What Constitutes a Transfer of “All or Substantially All” of a Borrower's Assets for Purposes of Indentures and Credit Agreements?" and "Overview of Plan Support Agreements."
By Christopher Updike | June 8, 2018
Following the Great Recession, the nonprofit sector faced significant financial headwinds that resulted in increased restructuring and, in some cases, dissolution, of many prominent nonprofits such as Saint Vincent Catholic Medical Centers, the New York City Opera, and The Big Apple Circus. The bankruptcy cases commenced by these organizations over the past several years provide useful guidance when navigating the complex intersection of federal bankruptcy law and New York's nonprofit laws.
By Thomas R. Califano and Rachel Ehrlich Albanese | June 8, 2018
The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.
By Gregory G. Plotko and Richard J. Lee | June 8, 2018
PSAs have become a mainstay in the Chapter 11 restructuring process, and it is therefore vital for distressed investors and other creditors to have a clear understanding of the legal terms of a contemplated PSA. This article examines the language of certain key provisions typically found in a PSA, and provides a brief survey of provisions agreed to by debtors in bankruptcy proceedings.
By Michael J. Venditto | June 8, 2018
There are no absolute protections against the downside risk in any transaction. This is especially the case in cross-border transactions that span multiple jurisdictions. Nevertheless, some careful planning and drafting can improve the prospects for the outcome.
By Kenneth Pasquale and Isaac Sasson | June 8, 2018
As the credit markets have slowly tightened and borrowers look for creative solutions to delever and refinance their balance sheets outside of bankruptcy, it is important to keep in mind that a transfer that is otherwise allowed under a borrower's debt documents may still be attacked if there are indicia that the transfer is for “all or substantially all” of the borrower's assets.
New York Law Journal | Expert Opinion
By Edward E. Neiger | May 30, 2018
This issue of the Bankruptcy Update focuses on recent restructurings in the shoe industry. The column delves into the bankruptcy proceedings of Aerogroup International, Nine West and The Rockport Co.
By Miriam Rozen | May 22, 2018
Jocelyn Wildenstein, who once snagged $2.5 billion in a massive divorce settlement, now owes more than $300,000 to various lawyers and law firms.
By Brian Baxter | May 18, 2018
SCL USA Inc., the parent company of embattled political consultancy Cambridge Analytica, filed for Chapter 7 protection Thursday in New York.
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