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June 01, 2020 | The American Lawyer

Kirkland Restructuring, Benefits Partners Head to Ropes & Gray in London and Chicago

Matthew Czyzyk in London and Matthew Jones in Chicago are both leaving Kirkland after relatively short stints at the firm.
2 minute read
April 22, 2020 | New York Law Journal

Empire Generating: Majority Lender Is Poised To Control Outcome Using Credit Bid

In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that confirms the importance of intercreditor agreements as determinative of rights as among the creditors subject to the contract. This decision gives weight to the view that the bankruptcy court is not an appropriate forum for what is strictly an intercreditor dispute.
10 minute read
April 15, 2020 | The American Lawyer

Ravaged by Coronavirus Economy, Debt-Saddled Companies Turn to Kirkland

From retailers to energy companies, struggling businesses are turning to the bankruptcy giant to explore restructuring options.
4 minute read
February 27, 2020 | The Recorder

9th Circuit Puts the Nail in the Coffin of Howrey Trustee's 'Unfinished Business' Claims

The court adopted the position of the D.C. Court of Appeals, which found earlier this month that clients, not firms, control ongoing matters in a matter of first impression under D.C. law.
3 minute read
February 26, 2020 | New York Law Journal

Seventh Circuit Holds Interim DIP Financing Order Is Enforceable and Prior to Reclamation Claims Under §546(c)

In her Distress Mergers and Acquisitions column, Corinne Ball discusses a recent decision in which the U.S. Court of Appeals for the Seventh Circuit held that the lien of a debtor-in-possession lender in a Chapter 11 proceeding has priority over valid reclamation claims held by a trade supplier.
11 minute read
February 13, 2020 | The American Lawyer

McClatchy Looks to Skadden as Old-Media Woes Continue

Skadden, Paul Weiss and Choate Hall are among the firms gearing up for fees from the latest big newspaper industry bankruptcy.
3 minute read
December 24, 2019 | New York Law Journal

First Circuit Finds Co-Investing Private Equity Funds Did Not Bear Liability for Bankrupt Portfolio Company's Underfunded Pension

In this Distress Mergers and Acquisitions column, Corinne Ball and Miguel Eaton discuss the recent decision in 'Sun Capital Partners', which eradicates the one federal court decision that found liability for an ownership structure commonly employed by private equity funds that invest in distressed companies with pension liabilities.
13 minute read
December 09, 2019 | The American Lawyer

Weil Facing Sharp Fee Objections in Ditech Bankruptcy

The New York law firm was one of several firms overbilling for services in the Chapter 11 case of a mortgage company, the U.S. trustee found in a review of final fee applications.
4 minute read
December 06, 2019 | Law.com

Overview of Limitations on Employee Compensation in Bankruptcy

Recognizing the potential consequences, companies in Chapter 11 bankruptcy often try to reduce employee uncertainty by seeking authority from the bankruptcy court. The Bankruptcy Code, however, imposes a variety of limitations on the ability of a debtor-employer to provide certain types of compensation and benefits to "insiders," a term that is broadly defined in the Bankruptcy Code.
14 minute read
November 06, 2019 | New York Law Journal

EXCO Bankruptcy Illustrates Power of Chapter 11 Restructuring

In a world where quick Chapter 11 cases that fail to fully utilize the tools available under the bankruptcy code have become the norm, the EXCO cases serve as an example of the power of Chapter 11 to meaningfully restructure an oil and gas business and leave it positioned for go-forward success in a volatile commodities market.
9 minute read

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