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HTMLSovereign Debt Update November/December 2015
Mark G. Douglas; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
The long-running dispute continues between the Republic of Argentina, which defaulted on its sovereign debt for the second time in July 2014, and holdout bondholders from two previous debt restructurings.


HTMLEleventh Circuit Weighs In on Section 1123(d): Reinstatement of Defaulted Loan Agreement Under Chapter 11 Plan Requires Payment of Default-Rate Interest
Mark G. Douglas, Monika S. Wiener; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
In 1994, Congress amended the Bankruptcy Code to, among other things, add section 1123(d), which provides that, if a chapter 11 plan proposes to “cure” a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy...


HTMLFunds Earmarked by Section 363 Purchaser to Pay Creditors Need Not Be Distributed in Accordance With Bankruptcy Code’s Priority Scheme
Mark G. Douglas, Timothy Hoffmann; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
A ruling recently handed down by the U.S. Court of Appeals for the Third Circuit may provide significant flexibility to debtors in that circuit who are implementing sales of substantially all of their assets. In In re LCI Holding Company, Inc., 2015 BL 295784 (3d Cir. Sept. 14, 2015), the court of...


HTMLTenth Circuit: Recharacterization Remedy in Bankruptcy Is Alive and Well
Nicholas Joseph Morin; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
In Redmond v. Jenkins (In re Alternate Fuels, Inc.), 789 F.3d 1139 (10th Cir. 2015), a panel of the U.S. Court of Appeals for the Tenth Circuit upheld bankruptcy courts’ authority to recharacterize insider debt as equity. In so ruling, the court rejected an argument that recent U.S. Supreme...


HTMLThe Continued Evolution of Bankruptcy Petitions, Schedules
Devin L. Palmer; Boylan Code, LLP;
Legal Alert/Article
November 13, 2015, previously published on November 3, 2015
Although the United States Constitution[1] specifically empowered the Legislative Branch to establish “uniform laws on the subject of bankruptcies throughout the United States,” Congress’ only attempt by that point was an utter failure - the Bankruptcy Act of 1800, which was...


HTMLSecured Creditor Loses Its Lien in Bankruptcy through Inattentiveness
David E. Peterson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
November 12, 2015, previously published on November 2, 2015
A sophisticated lender holding a mortgage or security interest usually knows that its secured status accords it special protections in a bankruptcy filed by the borrower. However, the limits of that protection are often a mystery to the lender. A lender who does not enlist the services of an...


HTMLSix Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable
Paul A. Carrubba, Andrew D. Frame; Adams and Reese LLP;
Legal Alert/Article
November 5, 2015, previously published on October 26, 2015
Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more sophisticated, and banks and courts respond to attacks.


HTMLCourt Denies Request to Add Defendants to FDCPA Complaint; Cites Lack of Diligence, Inordinate Delay and Substantial Prejudice
Abrams Gorelick Friedman Jacobson LLP;
Legal Alert/Article
October 30, 2015, previously published on October 26, 2015
Officers of two health care companies defeated Plaintiff's attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff's motion to amend due to Plaintiff's lack of diligence and inordinate delay, and the substantial prejudice...


HTMLIt's Time for Executives to Check Their Corporate Indemnities and D&O Insurance
William C. Wagner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
October 23, 2015, previously published on October 14, 2015
Many corporate executives, including directors, believe they would be fully indemnified from the cost of defending against a government investigation or prosecution. They find solace in articles of incorporation or bylaws that require their corporation to fully indemnify them from criminal, civil,...


HTMLInvalidation of Georgia Garnishment Statute - Now What?
Thomas M. Byrne, Rocco E. Testani; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
October 13, 2015, previously published on October 12, 2015
On September 8, 2015, a federal district court invalidated a portion of the Georgia post-judgment garnishment statute in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga.).


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