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HTMLEleventh Circuit Holds That Bankruptcy Rules Apply to Adversary Proceedings in District Court, Orders Reinstatement of $6-Million Verdict on Procedural Grounds
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 8, 2016, previously published on July 1, 2016
When a federal district court oversees adversary bankruptcy proceedings, is the post-trial deadline to request judgment as a matter of law governed by Federal Rule of Civil Procedure 50(b), which allows 28 days to file such a motion—or by Bankruptcy Rule 9015(c), which allows only 14 days?...


HTMLFirst Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113
Mark G. Douglas, T. Daniel (Dan) Reynolds; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
In In re Trump Entm’t Resorts UNITE HERE Local 54, 810 F.3d 161 (3d Cir. 2016), the U.S. Court of Appeals for the Third Circuit answered a question of apparent first impression among the circuit courts of appeal by ruling that section 1113 of the Bankruptcy Code permits a bankruptcy trustee...


HTMLSeventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy
Mark G. Douglas, Timothy (Tim) Hoffmann; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Even before Congress added section 365(c)(3) to the Bankruptcy Code in 1984, it was generally understood that a nonresidential real property lease which has been validly terminated under applicable law prior to a bankruptcy filing by the debtor-former tenant cannot be assumed or assigned in...


HTMLBlocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable
Mark A. Cody, Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
A contractual waiver of an entity’s right to file for bankruptcy is generally invalid as a matter of public policy. Nonetheless, lenders sometimes attempt to prevent a borrower from seeking bankruptcy protection by conditioning financing on a covenant, bylaw, or corporate charter provision...


HTMLLiquidating Trusts Remain a Viable Alternative for Unsecured Creditors (and Deficiency Secured Claims)
Alan H. Goodman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
June 8, 2016, previously published on May 2016
As the oil industry bankruptcy wave continues, the liquidating trust alternative pursuant to a Chapter 11 plan remains a viable alternative for the unsecured creditors who often are left behind (as well as deficiency claims of secured creditors).


Adobe PDFTermination of a Commercial Lease May be an "Avoidable Transfer” in Bankruptcy, holds Seventh Circuit
Christopher R. Thompson; Burr & Forman LLP;
Legal Alert/Article
May 25, 2016, previously published on April 2016
In March 2016, the U.S. Court of Appeals for the Seventh Circuit ruled that a landlord may be liable to a debtor’s bankruptcy estate for the value of a lease the debtor terminated early, holding the termination may be an “avoidable transfer” under the Bankruptcy Code.1 The opinion...


HTMLProposed Indian Bankruptcy Reforms
Mark G. Douglas; Jones Day;
Legal Alert/Article
April 15, 2016, previously published on March/April 2016
In December 2015, the Indian government introduced a long-awaited bill—the Insolvency and Bankruptcy Bill 2015—to overhaul India’s outdated and burdensome bankruptcy process. According to recent World Bank data, India ranks 136th out of the 189 countries surveyed in terms of fast...


HTMLSixth Circuit Analyzes When a Communication is a “Communication” that Violates the Fair Debt Collection Practices Act
Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 16, 2015
There’s a fine line between a lawful and an unlawful communication by a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). In a recent opinion, the U.S. Court of Appeals for the Sixth Circuit upheld a lower court ruling that a debt collector, Van Ru Credit...


HTMLAustralia Announces Bankruptcy Changes-Moves Toward US Position
Philip Hoser; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
Although most western legal systems have recognised for some decades the public benefit in rehabilitating failed enterprises, some countries do it better than others. To some extent, this is because of differences in local legislation (sometimes small, but with far-reaching effects), which either...


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,...


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