John J Rapisardi

May 12, 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

March 11, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: The proposed asset sale at the heart of the pending Revel AC chapter 11 cases has raised an interesting question about the extent to which sales can be approved under Bankruptcy Code section 363(f) free and clear of tenant interest in real property.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

March 10, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: The proposed asset sale at the heart of the pending Revel AC chapter 11 cases has raised an interesting question about the extent to which sales can be approved under Bankruptcy Code section 363(f) free and clear of tenant interest in real property.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

January 06, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: In 2013, the Southern District of New York held that Chesapeake Energy Corporation had the right to redeem certain unsecured notes at par value plus accrued interest because the period during which Chesapeake could redeem the notes on such terms had not expired. However, in a 2-1 panel decision, the Second Circuit in November reversed the district court's findings.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

January 05, 2015 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: In 2013, the Southern District of New York held that Chesapeake Energy Corporation had the right to redeem certain unsecured notes at par value plus accrued interest because the period during which Chesapeake could redeem the notes on such terms had not expired. However, in a 2-1 panel decision, the Second Circuit in November reversed the district court's findings.

By John J. Rapisardi and Joseph Zujkowski

10 minute read

November 14, 2014 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: Earlier this month, the Delaware Chancery Court further clarified its position on the fiduciary duties of officers and directors of insolvent Delaware corporations. Specifically, in 'Quadrant Structured Products Company v. Vertin,' the Chancery Court dismissed certain derivative claims brought by a creditor on behalf of Athilon Capital Corp. alleging breach of fiduciary duties by the company's non-independent directors.

By John J. Rapisardi and Joseph Zujkowski

9 minute read

September 10, 2014 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski of O'Melveny & Myers write: Distressed bondholders should pay careful attention to a decision expected this fall from the U.S. Court of Appeals for the Second Circuit in 'Chesapeake Energy Corp. v. Bank of New York Mellon Trust Company'.

By John J. Rapisardi and Joseph Zujkowski

9 minute read

July 03, 2014 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski write: In light of statistics pointing to an increase in the Brazilian corporate default rate over the next 12 to 18 months, and several pending high-profile Brazilian bankruptcy proceedings commenced in 2013 and 2014, we thought it would be helpful to provide an overview of the Brazilian bankruptcy system and highlight the key differences between the Brazilian system and the U.S. Bankruptcy Code.

By John J. Rapisardi and Joseph Zujkowski

12 minute read

May 08, 2014 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski review recent decisions that demonstrate the risks inherent in distressed investors employing a strategy to acquire secured debt as a basis to obtain ownership or control of a debtor's assets and what conduct may result in an impairment of credit bidding rights in a chapter 11 case.

By John J. Rapisardi and Joseph Zujkowski

12 minute read

March 06, 2014 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski of O'Melveny & Myers write that in January, the Fifth Circuit joined other jurisdictions in reflecting a hesitancy on the part of bankruptcy courts to enforce prepayment premiums absent explicit language in prepetition debt instruments mandating payment of such premiums following commencement of a bankruptcy case or acceleration occasioned by another event of default.

By John J. Rapisardi and Joseph Zujkowski

9 minute read