Bankruptcy

  • The Legal Intelligencer

    Bankrupt Driller Not Required to Plug Abandoned Well

    By Francis J. Lawall 
and Michael J. Custer | June 15, 2017

    When an oil and gas driller enters bankruptcy, a host of unique issues often arise, inclu ding how to close abandoned wells in a ­responsible manner. The United States Bankruptcy Court for the District of Delaware recently confronted this problem in the case of an energy exploration and production company liquidating through Chapter 11, as in City of Beverly Hills v. Venoco (In re Venoco) 2017 Bankr. LEXIS 1457 (Bankr. D. Del. May 31, 2017).

  • New York Law Journal

    Scarpetta v. Arato & Blaszczyk Obstetrics & Gynecology, Inc.

    By newyorklawjournal | New York Law Journal | June 15, 2017

    Bankruptcy Trustee May Commence Medical Malpractice Suit in Representative Capacity

  • The Recorder

    Weil v. Elliott

    By therecorder | The Recorder | June 14, 2017

    9th Cir.; 16-55359 The court of appeals reversed a bankruptcy court judgment and remanded. The court held that the 12-month statute of limitations on…

  • The American Lawyer

    Freshfields Swoops in for Alitalia's US Bankruptcy Work

    By Brian Baxter | June 14, 2017

    A pair of recent lateral hires by Freshfields Bruckhaus Deringer from Arnold & Porter Kaye Scholer have helped the Magic Circle firm swoop in for a lead role on the bankruptcy of Alitalia SpA. The ailing Italian airline sought Chapter 15 protection Monday in the Southern District of New York.

  • New York Law Journal

    Bankruptcy Court Jurisdiction and Third-Party Releases: The Latest Frontier

    By David Bass and Mark Tsukerman | June 14, 2017

    David Bass and Mark Tsukerman write: Two long-standing controversial areas of bankruptcy law have recently intersected in a bankruptcy case out of the District of Delaware: a bankruptcy court's adjudicative authority consistent with Article III of the Constitution, and the propriety of what are referred to in bankruptcy parlance as "third-party releases."

  • The American Lawyer

    Play Time's Over—Three Firms Take Roles on Gymboree Bankruptcy

    By Brian Baxter | June 12, 2017

    Kirkland & Ellis added another key bankruptcy case to its restructuring portfolio this week as San Francisco-based children's clothing retailer The Gymboree Corp. filed for Chapter 11 protection Sunday in Richmond, Virginia. Gymboree, the latest retailer to go bust this year, has also retained Munger, Tolles & Olson and Kutak Rock.

  • New York Law Journal

    A Golden Share and the Conflict Between Freedom of Contract and Federal Policy

    By Jay M. Goffman and Christine A. Okike | June 12, 2017

    Jay M. Goffman and Christine A. Okike of Skadden, Arps, Slate, Meagher & Flom write: A "golden share" gives a lender a say in any subsequent decision by a borrower to seek bankruptcy protection. Lenders have long considered the "golden share" to be an effective mechanism for safeguarding their investments. Recent rulings, however, have cast doubt on the effectiveness of the "golden share" structure.

  • The American Lawyer

    Longford Capital Hires Paul Hastings Lawyer to Source Bankruptcy Deals

    By Roy Strom | June 12, 2017

    Chicago-based litigation financier Longford Capital Management LP has hired director Marc Carmel to bolster its restructuring operations. Carmel comes from Paul Hastings, where he was of counsel after joining that firm from Kirkland & Ellis' partnership in 2011.

  • New York Law Journal

    Corporate Restructuring and Bankruptcy

    By newyorklawjournal | New York Law Journal | June 12, 2017

    In this Special Report: "Using Article 3-A to Protect Payment Rights in a Construction Bankruptcy," "Limitations on Adjudicating Disputes Involving Medicare Provider Agreements," "Fee Defense Litigation: Clarifying the Reach of 'Asarco'," "Blockchain: The Key to True Cybersecurity?," "Deal Breakers: The Importance of Privacy and Security Due Diligence in Transactions," "New DFS Cybersecurity Regulations Are Here: Will Your Insurance Protect You?" and "Is Your Discovery Process Setting You Up for a Data Breach?"

  • New York Law Journal

    A Preference Pendulum: Extraterritorial Application of Avoidance Powers in the SDNY

    By Christopher K. Kiplok and Dustin P. Smith | June 12, 2017

    Christopher K. Kiplok and Dustin P. Smith of Hughes Hubbard & Reed write: A recent decision by the bankruptcy court for the Southern District of New York in 'Spizz v. Goldfarb Seligman &. Co. (In re Ampal-American)', has moved the pendulum away from extraterritoriality back toward a nearer reach of avoidance powers.

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