Insights on Financial Restructuring & Bankruptcy

Two important and very different decisions regarding public pensions were issued by the Supreme Court of Illinois and the Supreme Court of New Jersey. These decisions are significant not only for the workers and taxpayers in these States, but also for the owners and insurers of municipal bonds.

Arent Fox LLP and a team of Bankruptcy & Financial Restructuring attorneys led by New York Managing Partner Andrew I. Silfen were honored at the Turnaround Atlas Awards Gala in Chicago with the prestigious Chapter 11 Restructuring of the Year award.

Arent Fox LLP is proud to announce that, for the third consecutive year, leading global referral guide Legal 500 has named partner David L. Dubrow one of the best lawyers in the country for municipal bankruptcy.

The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed.

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

The 2015 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 15 of the firm’s practice areas were ranked among the best in the country.

Chief Judge Leonard P. Stark of the District Court for the District of Delaware reversed and remanded the decision of the Bankruptcy Court which approved a Bankruptcy Rule 9019 settlement that Judge Stark concluded had been inadequately noticed under the circumstances.

Chief Judge Cecelia G. Morris of the Bankruptcy Court for the Southern District of New York decided that banks may not place an administrative freeze, even a temporary one, on the bank account of an individual who files for bankruptcy.

Sovereign Assets Ltd. (SAL), a real estate firm based in Israel, was unable to service its debt obligations and was placed into liquidation proceedings in Israel. Two administrators, who had been appointed to liquidate the company in Israel, commenced Chapter 15 proceeding.

In its ruling, the Appellate Court partially reversed the lower court’s limited approval of the Settlement by finding that the lower court improperly seconded-guessed the judgment of the Trustee and did not accord that judgment proper deference when considering approval of the Settlement.

The bankruptcy case of Energy Future Holdings (EFH) and its affiliates has already provided the Delaware bankruptcy court occasion to tackle a number of important bankruptcy questions, including the propriety of using tender offers to settle noteholder claims during the pendency of the case.

A recent Delaware District Court decision concerning an appeal of a bankruptcy settlement clearly provides support for the use of tender offers or other exchange, or settlement mechanics permitted under applicable federal securities laws prior to and outside a plan of reorganization.

The Second Circuit in Krys v. Farnum Place denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC , a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.

Chambers Global: The World’s Leading Lawyers for Business has recognized Arent Fox’s Bankruptcy & Financial Restructuring, Intellectual Property, International Arbitration & Dispute Resolution, and International Trade practices in its annual worldwide rankings of top law firms.

Bankruptcy & Financial Restructuring, Intellectual Property, International Arbitration & Dispute Resolution, and International Trade practices recognized.

The United States Bankruptcy Court for the Northern District of Texas (Bankruptcy Court) declined to grant comity to a decision of the Mexican labor board thereby refusing to recognize a foreclosure sale of assets belonging to Elcoteq, Inc., a US corporation in US bankruptcy proceedings.

The Supreme Court of the United States declined to review the decision of the United States Court of Appeals for the Fourth Circuit in Jaffé v. Samsung Electronics Co.[2], leaving undisturbed the Fourth Circuit’s holding.

Arent Fox LLP has appointed partner Andrew I. Silfen to lead its New York office as Managing Partner.

Questions Standing of Indenture Trustees to Pursue Fraudulent Conveyance Claims
 

The Bankruptcy Code definition of “intellectual property” does not explicitly include “trademarks.”

Sixteen Arent Fox LLP practice areas have been recognized in the 2015 “Best Law Firms” rankings.

Around this abundance of litigation developed a significant body of jurisprudence, to which Judge Sean Lane of the Southern District of New York Bankruptcy Court recently added in clarifying the ordinary course of business preference defense.

In recent years, second lien financings have increased in popularity. Senior creditors rely on intercreditor agreements to protect their interests by limiting the rights that junior lien holders would otherwise enjoy as secured creditors through either lien subordination, payment subordination.

This case presents a common scenario and dynamic that a party involved with a distressed bank holding company may have seen in the last several years.

Bankruptcy & Financial Restructuring partner Aram Ordubegian and associate M. Douglas Flahaut represented the full service turn-key fulfillment house.