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June 27, 2013 |

Ninth Circuit Resolves Circuit Split to Allow Re-characterization

In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes that the Ninth Circuit recently joined the reasoning of the Fifth Circuit in 'Lothian Oil' in holding that a bankruptcy court may re-characterize debt as equity
11 minute read
April 25, 2013 |

'Gulf Fleet' a Lexicon for Sponsors, Affiliate Transfers and Failed LBOs

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball writes: Litigation over affiliate transactions arising in failed portfolio companies continues to provide guidance on core common issues such as breach of fiduciary duties, avoidance actions, equitable subordination and recharacterization. A recent bankruptcy case illustrates how at least one court will analyze allegations regarding affiliate transactions in the context of a motion to dismiss a recovery action based on a failed leverage buyout.
11 minute read

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