July 09, 2024 | New York Law Journal
Fifth Circuit Weighs In, Finds Section 523(a) Applies to Corporate Debtor in Subchapter VThe Fifth Circuit, in 'In re GFS Industries', recently issued a decision siding with the controversial 'Cleary Packaging' decision. All of a sudden, the subchapter V debtor's efforts to use a streamlined procedure could be undermined by Section 523(a) litigation even outside the Fourth Circuit.
By Jeffrey M. Rosenthal, Vincent J. Roldan and Joshua S. Bauchner
7 minute read
January 27, 2022 | New Jersey Law Journal
The Big Dance: Bankruptcy Court to Analyze Texas Two StepJohnson & Johnson is using a restructuring strategy known as the Texas Two Step. The dance card is now set, and many are watching to see how the New Jersey bankruptcy court will view this move.
By Jeffrey M. Rosenthal and Vincent J. Roldan
9 minute read
March 03, 2008 | New York Law Journal
A New World OrderNancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss, shareholders in Greenberg Traurig, write that hedge fund investors in a company typically have at least one representative on the board of directors. When financial trouble starts, these investors are often very active in assisting the fashioning of the company's response. The good news: they often bring a lot to the table in the restructuring process. The bad news: they likely have different objectives than the rest of the parties-in-interest.
By Nancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss
14 minute read
March 07, 2008 | Corporate Counsel
How Hedge Funds Have Changed Playing Field for Corporate DirectorsMany companies today find themselves heading toward a restructuring in an uneasy partnership with hedge fund investors who provided the necessary leverage in the first place. With the advent of hedge funds as active players in the restructuring process, pressure is placed on directors to comply with their fiduciary duties. Attorneys Nancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss provide certain basic rules that can be helpful to directors in facing these obstacles.
By Nancy A. Mitchell, Jeffrey M. Rosenthal and John W. Weiss
14 minute read