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January Newsletter

By Peter Clark on January 5, 2016
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Reed Smith’s global Commercial Restructuring & Bankruptcy team have recently published the January issue of their quarterly newsletter. The newsletter provides a detailed review of some of the most important legal developments in the sector.  The January issue includes the following:

In this Issue:

  • Deed-In-Lieu, or Not
  • Ninth Circuit Reverses Lower Courts, Finds Substantially Completed Plan Is Not Equitably Moot
  • The Inconsequential Value Exception to the Section 1111(b) Election: Analyzing the When and  How
  • Chapter 7 Trustee’s Claim of Breach of Fiduciary Duty Based on Failure to Comply with the WARN Act Survives Motion to Dismiss
  • Section 303 Requirements Not Enough – Involuntary Chapter 7 Petitioner Must Also Demonstrate Good Faith in Filing
  • Regardless of Claim Priority, State Department of Revenue Entitled to Adequate Protection Thanks to Bulk Sales Act
  • Separate Agreements Comprising One Unitary Contract Must Be Assumed or Rejected Cum Onere
  • Issues of Material Fact Preclude Summary Judgment on Whether Lender Impliedly Assumed Liability to Return Membership Deposits
  • Sale of Substantially All of Debtor’s Assets Cannot Be Approved in a Final Cash Collateral Order
  • Counsel’s Corner: News From Reed Smith

Download the .PDF to learn more:  Commercial Restructuring & Bankruptcy Alert – January 2016

Photo of Peter Clark Peter Clark

Peter is the Global Head of the Commercial Restructuring & Bankruptcy Group. Peter is ranked one of the “Nation’s Top 10 Bankruptcy Lawyers” in the 2013 and 2014 editions of United States Lawyer Rankings. He is included in the 2007-2014 editions of The…

Peter is the Global Head of the Commercial Restructuring & Bankruptcy Group. Peter is ranked one of the “Nation’s Top 10 Bankruptcy Lawyers” in the 2013 and 2014 editions of United States Lawyer Rankings. He is included in the 2007-2014 editions of The Best Lawyers in America in the specialties of Bankruptcy and Creditor-Debtor Rights. In addition, he was selected as one of America’s Leading Bankruptcy Lawyers by Chambers USA (“Peter was singled out as brilliant for really sophisticated matters”) and by the Legal 500 (“Peter achieves extremely positive results in very difficult bankruptcy cases”). He holds an AV rating by Martindale-Hubbell, which is the law publication’s highest rating level for skill and integrity. He is the immediate past Chair of the Loan Workouts Committee of the Business Law Section of the American Bar Association.

Peter represents lenders, private equity funds, hedge funds, mutual funds, venture capital companies, insurance companies, indenture trustees, investors and committees of creditors in all aspects of workouts, restructurings, and reorganizations of financially distressed companies. He typically represents bank groups or agent banks in workouts and restructurings of syndicated credits. He appears regularly in the bankruptcy courts throughout the United States, including in Pennsylvania, New Jersey, New York and Delaware.

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  • Posted in:
    Business and Commercial
  • Blog:
    Global Restructuring Watch
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

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