John J Rapisardi

August 03, 2016 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: The recent increase in the number of filings by Brazilian entities for judicial reorganization in Brazil has sparked interest by U.S. investors and claimholders concerning the various pertinent provisions of Brazil's bankruptcy law.

By John J. Rapisardi and Joseph Zujkowski

28 minute read

June 08, 2016 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: In a number of recent chapter 11 cases filed by "upstream" energy and production companies, the debtor's rejection of "gathering agreements" or similar contracts with "midstream operators" has raised the issue of whether the debtor's mineral estate is free of obligations stemming from covenants that "run with the land" as either real covenants or equitable servitudes. A recent decision is an important reminder that whether such covenants are real covenants centers on a specific, fact-based analysis under state law.

By John J. Rapisardi and Joseph Zujkowski

25 minute read

March 03, 2016 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: The commencement of a chapter 11 case will call into play the interaction between the policies and goals of the U.S. Bankruptcy Code and other statutory schemes that may occasionally conflict with these goals. As an example, in the Trump Entertainment Resorts case, the Third Circuit held that a chapter 11 debtor-employer could reject under the Bankruptcy Code the continuing terms and conditions of a collective bargaining agreement after the agreement expired.

By John J. Rapisardi and Joseph Zujkowski

8 minute read

November 10, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski analyze the recent 'LifeCare' decision, which will allow bidders in §363 sales in the Third Circuit to fund distributions for junior creditors notwithstanding the existence of a large administrative expense claim, provided the parties take steps (such as the creation of a trust or an escrow) to ensure such distributions never become estate property.

By John J. Rapisardi and Joseph Zujkowski

8 minute read

November 09, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski analyze the recent 'LifeCare' decision, which will allow bidders in §363 sales in the Third Circuit to fund distributions for junior creditors notwithstanding the existence of a large administrative expense claim, provided the parties take steps (such as the creation of a trust or an escrow) to ensure such distributions never become estate property.

By John J. Rapisardi and Joseph Zujkowski

8 minute read

September 03, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write that a secured creditor's "participation" in a reorganization, one of the requirements for extinguishing a prepetition lien through a chapter 11 plan, has continued to perplex both bankruptcy courts and practitioners in the 20 years since 'In re Penrod' was issued. A new decision does not directly address what level of creditor participation is necessary, but shows the risks of refusing to participate.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

September 02, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write that a secured creditor's "participation" in a reorganization, one of the requirements for extinguishing a prepetition lien through a chapter 11 plan, has continued to perplex both bankruptcy courts and practitioners in the 20 years since 'In re Penrod' was issued. A new decision does not directly address what level of creditor participation is necessary, but shows the risks of refusing to participate.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

July 17, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski analyze a recent case where the Third Circuit issued the first federal circuit court of appeals opinion recognizing the ability of bankruptcy courts to conclude a Chapter 11 case through a structured dismissal.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

July 16, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski analyze a recent case where the Third Circuit issued the first federal circuit court of appeals opinion recognizing the ability of bankruptcy courts to conclude a Chapter 11 case through a structured dismissal.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

May 13, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski discuss issues facing bond investors in distressed Brazilian entities using a case study of the recent judicial reorganization of Rede Energia S.A.

By John J. Rapisardi and Joseph Zujkowski

15 minute read