In the aftermath of the decadelong “retail apocalypse” and onslaught of retail bankruptcy filings, 2022 saw a significant drop in retail Chapter 11 bankruptcy filings. As of November 2022, only seven large retailers had filed for bankruptcy protection 1 —a steep drop from the 52 retail bankruptcies...
On January 30, 2023, the 3rd U.S. Circuit Court of Appeals issued a precedential opinion reversing a decision by the U.S. Bankruptcy Court for the District of New Jersey and dismissing the Chapter 11 case filed by LTL Management LLC. LTL is the “Bad Co” Johnson & Johnson entity formed through a...
A recent wave of key decisions has placed a spotlight on an issue that has divided courts for years. That is, whether unimpaired creditors are entitled to postpetition interest in solvent debtor cases and if so, the appropriate rate of interest that should apply. Since these issues were last...
All eyes are on the largest property developer in China, the Evergrande Group, as offshore creditors holding bonds and notes are looking at billions of dollars in losses if they do not act to protect their interests in various jurisdictions. The preliminary...
Release provisions are a common feature of almost every Chapter 11 plan in large bankruptcy cases. Three categories of release provisions typically are included: (i) releases by the debtors of claims they may hold against a list of “released parties;” (ii) consensual releases by and among the non-...
Since 2020, at least five multinational airlines have filed for Chapter 11 bankruptcy 1 protection before the U.S. Bankruptcy Court for the Southern District of New York. 2 These cases provide a lens through which airlines and restructuring professionals can view potential restructuring efforts and...
The COVID-19 pandemic hit the bottom line of many businesses. Among the hardest hit industries has been the travel industry and, in particular, airlines and aviation companies. After suffering a complete shutdown at the beginning stages of the pandemic, airlines struggled to generate ticket sales...
The focal point of blockchain technology is the concept of decentralization—that is, no central authority exists with control and decision-making power. As blockchain technology has evolved, innovators have found creative uses of the technology to disrupt centralized structures, including the...
Today, nearly all securities around the world are held electronically at various clearinghouses, including The Depository Trust Company (DTC), Euroclear, and Clearstream International SA. Electronic holding facilitates efficient, immediate, cost-effective, and anonymous trading and contributes to...
Between Boy Scouts, Weinstein, USA Gymnastics, and the many Diocese cases, the number of bankruptcy cases involving sex abuse-related claims and litigation has steadily increased. Join us for an engaging discussion of the issues and...
