Corinne Ball

April 24, 2019 | New York Law Journal

In today's Distress Mergers and Acquisitions column, Corinne Ball focuses on an opinion from the U.S. District Court for the Western District of Washington that involved the rejection of a commutation of insurance policies styled as a §363 sale of such policies to repurchasing insurers free and clear of claims, coupled with an injunction barring suit against such repurchasing insurers.

By Corinne Ball

11 minute read

February 27, 2019 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the decision in 'Ultra Petroleum', in which the U.S. Court of Appeals for the Fifth Circuit held that contractual make-whole damages claims arising out of a bankruptcy filing should be characterized as claims for “unmatured interest” within the meaning of §502(b)(2) of the Bankruptcy Code and therefore disallowed.

By Corinne Ball

12 minute read

December 26, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses decisions in 'In re MPM Silicones (Momentive)', which are important not only for the most recognized issue of considering the market rate in assessing the rate of interest payable in a cramdown plan, but also for their significant guidance on the importance of contracts and their interplay with the Bankruptcy Code.

By Corinne Ball

9 minute read

October 24, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball writes: The Fifth Circuit joins other circuits in protecting bankruptcy sales from appeal, absent a stay pending appeal.

By Corinne Ball

7 minute read

September 05, 2018 | Delaware Business Court Insider

To the extent that a minority shareholder relies upon its blocking rights to obtain what might be viewed as an “unfair” advantage for itself, Basho suggests that there is potential exposure as a fiduciary.

By Corinne Ball

13 minute read

August 22, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball continues an ongoing analysis of negative control rights previously discussed in a prior installment of this column.

By Corinne Ball

13 minute read

June 27, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the case "Franchise Services of North America" and writes: The importance of this case rests upon the threshold determination that relief from provisions in the certificate of incorporation granting rights to bona fide investors must be sought in the relevant state court, even when the remedy sought is the exercise of a federal right, generally exercised by fiduciaries that are required to act in the corporation's best interests.

By Corinne Ball

1 minute read

April 25, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball writes: In 'In re Transwest Resort Properties', the Ninth Circuit expressly rejected the “per debtor” interpretation of §1129(a)(10) in favor of a “per plan” approach.

By Corinne Ball

11 minute read

February 21, 2018 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses a case in which the outcome of the controversy may significantly impact many future transactions, especially in private company settings.

By Corinne Ball

9 minute read

December 27, 2017 | New York Law Journal

Distress Mergers and Acquisitions columnist Corinne Ball writes: On Nov. 8, 2017, the Bankruptcy Court for the Southern District of New York, in In re SunEdison, considered whether the court had subject matter jurisdiction to approve non-consensual non-debtor releases proposed by SunEdison as part of their plan of reorganization.

By Corinne Ball

9 minute read