Corinne Ball

February 24, 2021 | New York Law Journal

Two recent circuit-level decisions determined that appeals of confirmed plans of reorganization were equitably moot despite criticizing the doctrine. These two decisions suggest that sooner or later reconsideration of the doctrine and meaningful review of bankruptcy court decisions should occur. Corinne Ball explores the issues in this edition of her Distress Mergers and Acquisitions column.

By Corinne Ball

10 minute read

October 21, 2020 | New York Law Journal

Judge James Garrity of the U.S. Bankruptcy Court for the Southern District of New York recently denied motions to approve a novel DIP financing provided in part by a group of controlling shareholders that would allow the company to repay the shareholder loans with discounted equity of the reorganized debtor, writes Corinne Ball.

By Corinne Ball

11 minute read

August 26, 2020 | New York Law Journal

In the Distress Mergers and Acquisitions column, Corinne Ball and George Cahill highlight that whether an English scheme or Chapter 15 will constitute a Bankruptcy Credit Event needs to be carefully considered on a case-by-case basis.

By Corinne Ball and George Cahill

9 minute read

June 24, 2020 | New York Law Journal

Corinne Ball's latest column on Distress Mergers and Acquisitions looks at the recent decision in the 'Dura Automotive' case, addressing derivative standing in the bankruptcy of a limited liability company.

By Corinne Ball

11 minute read

April 22, 2020 | New York Law Journal

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.

By Corinne Ball

11 minute read

February 26, 2020 | New York Law Journal

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.

By Corinne Ball

13 minute read

December 24, 2019 | New York Law Journal

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.

By Corinne Ball and Miguel Eaton

14 minute read

October 23, 2019 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses a decision that addressed the scope of the channeling injunction contained in W.R. Grace's plan of reorganization, and specifically, whether the channeling injunction enjoins a state-court lawsuit against one of W.R. Grace's insurers. Importantly, it also addresses a bankruptcy court's jurisdiction, a rationale that would extend beyond asbestos provisions and reach channeling injunctions used in other circumstances.

By Corinne Ball

13 minute read

August 21, 2019 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent opinions from the Fifth Circuit that shed light on the scope of permissible bar orders and third-party releases of claims in the receivership context. Such bar orders may provide an effective alternative to third-party releases in bankruptcy in resolving mass tort cases.

By Corinne Ball

18 minute read

June 26, 2019 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent Singapore Court of Appeal decision in 'Pathfinder Strategic Credit LP v. Empire Capital Resource Pte Ltd,' which is significant for the approach adopted by the Singapore courts in restructuring a large, cross-border group enterprise with New York law-governed debt.

By Corinne Ball

18 minute read