Corinne Ball

April 26, 2012 | New York Law Journal

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball reviews 'In re Boston Generating,' which stands as a well reasoned approach to the 'Lionel' factors (as further refined in the auto cases), permitting sales of substantially all of a debtor's assets pursuant to a pre-negotiated sale outside of a plan of reorganization.

By Corinne Ball

12 minute read

February 28, 2013 | New York Law Journal

In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball analyzes a Seventh Circuit decision from earlier this month mandating that insider-investors under a Chapter 11 plan poised to gain control of the reorganized debtor must be subject to the same competitive bidding requirements applicable to the old "out of the money" equity, clearly rejecting the argument that the debtors' exclusive right to propose a plan gave the debtor an unfettered right to choose which new investment to accept.

By Corinne Ball

12 minute read

August 23, 2012 | New York Law Journal

In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, reviews a recent Tenth Circuit decision that resolved a six-year battle over the domain name freecreditscore.com, which began with the unauthorized transfer of the site by a debtor after he had filed a bankruptcy petition.

By Corinne Ball

13 minute read

April 23, 2009 | New York Law Journal

Corinne Ball, a partner at Jones Day, analyzes an appellate ruling that reversed an order of the bankruptcy court selling property "free and clear" of a junior lien under section 363(f) of the Bankruptcy Code. Despite the safe harbor provisions associated with bankruptcy sales under section 363, she explains, the appellate ruling resulted in the property remaining subject to the junior lien after the sale, when the negotiations, asset purchase agreement and the bankruptcy court's sale order all contemplated that the sale would be "free and clear" of all liens, claims and encumbrances.

By Corinne Ball

13 minute read

October 28, 2005 | Law.com

A "distress" M&A often has multiple decision makers, with different agendas and increasingly different responsibilities. There's the company, acting through its board; there's often a creditors' representative group; and if there is a secured lender, there may be active participation by that group as well. The rise of the ad hoc committee particularly underscores the multiple party point, because generally such a committee does not have fiduciary responsibilities, and remains free to pursue its own agenda.

By Corinne Ball

14 minute read

June 24, 2010 | New York Law Journal

Corinne Ball, a partner at Jones Day, writes: While some features of the regulatory reform likely to be passed within weeks have received significant media attention, probably the most sweeping change to the current system - and least discussed - is the resolution authority, or proposed "insolvency" regime. This regime, rather than filling in the regulatory gap, essentially punts it.

By Corinne Ball

13 minute read

December 30, 2004 | New York Law Journal

Corinne Ball, a partner at Jones Day, writes that Section 1145 of the Bankruptcy Code provides a limited exemption from the registration requirements of the Securities Act of 1933 for the issuance of securities pursuant to a plan of reorganization under chapter 11 of the Bankruptcy Code.

By Corinne Ball

11 minute read

February 25, 2010 | New York Law Journal

Corinne Ball, a partner at Jones Day, reviews a recent federal appeals court ruling that set forth a stark reminder that the bankruptcy threshold for break-up fees, which is that such fees be "actual, necessary costs . . . of preserving the estate," must always be met

By Corinne Ball

12 minute read

December 28, 2006 | New York Law Journal

Corinne Ball, a partner at Jones Day, analyzes a recent ruling which addressed the enforceability of contractually created rights of set-off among unrelated contracts following an asset sale under the "free and clear" provisions of �363 of the Bankruptcy Code and the assumption and assignment of executory contracts under �365 of the Bankruptcy Code.

By Corinne Ball

11 minute read

June 23, 2011 | New York Law Journal

Jones Day partner Corinne Ball analyzes GSC's chapter 11 case, which focuses attention on the difficulties encountered in a situation where the key assets are contracts, the founder-owner of the company manages the business, and most of the contracts have a "key man" provision conditioning the contract on the continuing service of the founder-owner.

By Corinne Ball

13 minute read