By Michael A. Mora | January 13, 2022
An attorney said the case served as a blueprint for commercial real estate borrowers that have equity or access to capital, but lenders are still aggressively exercising their perceived rights to enforce technical defaults under the loan documents.
The American Lawyer | Analysis
By Dan Roe | January 13, 2022
Practice leaders are using the historic Chapter 11 slowdown to form teams around the companies and sectors most likely to go bankrupt by 2023.
By Tom McParland | January 7, 2022
U.S. District Judge Colleen McMahon rejected arguments from a consortium of states that an interlocutory appeal to the Second Circuit would delay resolution of Purdue's Chapter 11 case.
By Dan Roe | January 7, 2022
Big Bankruptcy's woes continued in December even as commercial Chapter 11 filings rose by 50% over November filings.
New York Law Journal | Analysis
By Brian Haskel and George R. Hirsch | January 7, 2022
A recent decision arising out of the bankruptcy of Nine West Holdings highlights what can happen when directors on the selling side fail to exercise appropriate care in vetting and approving an LBO.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | January 6, 2022
As we ring in the New Year, we hope for a "fresh start" out of the pandemic, but recognize that challenges remain, including the latest variant. In the restructuring bar, we see new approaches being attempted to address old problems.
By Michael A. Mora | December 30, 2021
Morgan Lewis, Bilzin Sumberg, and Davis Polk & Wardwell partners predicted bankruptcy and regulatory trends in 2022.
By Michael L. Cook | December 28, 2021
Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Malcolm Bates | December 23, 2021
The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to take the ancillary steps necessary to close the sale, the contract was no longer executory and could not be rejected.
By Wendie Childress | December 23, 2021
It will take time and patience for judges to dig out of backlogs and for in-person jury trials to resume at normal levels. David Slayton, director of administration for the Texas courts, estimates that addressing the backlog will take "anywhere from three to five years."
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