Register for the 2021 TMA NOW Summit

From the 2021 TMA NOW Summit 

CONTENT WARNING

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...

The Book on  Siegel v. Fitzgerald: The U.S. Trustee Program and Cold, Hard Cash
U.S. inflation recently hit a headline-grabbing, 40-year high of 8.6%. Alarming as that may be, it pales in comparison to the increase in U.S. Trustee fees Congress imposed in 2017. Most debtors experienced fee hikes of at least 700%, while some saw increases of as much as 1,250%. The sticker shock...
Strategic Communications in Mass Tort Restructurings
While companies and advisors understand that communications and stakeholder relations have an important role to play in a successful restructuring process, the need to effectively plan for and manage communications in mass tort Chapter 11 cases is significantly heightened. The restructuring process...
Standards and Strategies for Voting and Solicitation in Mass Tort Bankruptcies
In recent years, Bankruptcy Courts have seen an influx of bankruptcies that primarily result from a debtor’s outstanding mass tort liability. While many commentators focus on plan confirmation issues, such as non-debtor releases, mass tort bankruptcies pose unique challenges in the solicitation and...
 Mass Tort Insolvencies: A Catalyst for Change in the Canadian Restructuring Landscape
Insolvency and restructuring proceedings under Canada’s Companies' Creditors Arrangement Act (CCAA) have come a long way over the last 20 or so years. There was a time when a company couldn’t hope to benefit from CCAA protection without a clear path to restructuring its business and settling its...
Will Texas Two-Step Remain Part of Restructuring’s Mass Tort Dance Routine
How mass torts may be addressed through a bankruptcy process is a topic garnering significant academic and practical attention, but for which there is no easily identifiable solution. Although a fundamental goal of U.S. bankruptcy laws is to give debtors a financial fresh start from burdensome...
Getting to Yes in DIP Financing Negotiations
The concept and benefits of providing debtor-in-possession (DIP) financing under Bankruptcy Code Section 364 are not new. But because DIP financing negotiations are often conducted on a compressed timeline and can be both complex and laborious, this article serves as both a primer and refresher for...
European Outlook: Considerations  for Lenders
As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting...
Subchapter V Provides a Promising Path for Settling Disputes  in Bankruptcy
For decades, mediation in bankruptcy has been a preferred method for resolving disputes involving distressed entities, and the enactment of the Small Business Reorganization Acct (SBRA), which became effective on February 19, 2020, practically ensured that this trend would continue. Since the 1980s...
Two Recent Complex Cases Demonstrate the Value of Mediation in Building Consensus
Complex Chapter 11 practice is, at its core, an exercise in consensus building. Mediation has historically been and remains a valuable tool in helping parties involved in Chapter 11 cases (large and small) reach consensus. Two recent examples underscore the value of mediation as a consensus...