Morgan Lewis on Restructuring
Outside Publication | Article
Andrew Gottfried
Newsletter | Morgan Lewis on Restructuring
Menachem Zelmanovitz, Patrick Fleming, Andrew Gottfried, Rachel Mauceri, Wendy Walker
In this issue:
- Time to Think About Chapter 9?
- Sharks in the Safe Harbor: The "End Run" Around Section 546(e)
- Lessions for Proponents of "Gift Plans" and Purchasers of Claims After DBSD
- Recent Noteworthy Decisions
LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Annie Wells
The financial reform bill creates a new liquidation process that would allow the FDIC to seize control of large, interconnected financial companies, including broker-dealers, whose imminent failure threatens the stability of the U.S. financial system as a whole.
Newsletter | Morgan Lewis on Restructuring
Menachem Zelmanovitz, Andrew Gottfried, Roland Montfort, Lynda Vaillant
In this issue: Is It Time to Think About SARE? Champerty – New York Banishes the Specter of an Ancient Doctrine from Modern Debt Acquisitions Out-of-Court Settlement in France “The Conciliation” ... more
Morgan Lewis Title | White Paper
Wendy Walker, Ethan Johnson, Jedd Wider, Neil Herman
In light of ongoing turmoil in the credit markets, the continuing uptick in the default rate, and the increasing number of sizeable corporate bankruptcy filings, the time is right for private funds to consider how best to profit ... more
Newsletter | Morgan Lewis on Restructuring
Annie Wells, Andrew Gottfried
In this issue: American Home Mortgage: A Different View of Servicing Rights Delaware Chancery Court Rules the Automatic Stay Does Not Bar Shareholder Meeting Recent Noteworthy Decisions For the full story, pl... more
Newsletter | Morgan Lewis on Restructuring
Andrew Gottfried, Wendy Walker, Karen Gartenberg, Neil Herman
In this issue: The Enron Enigma: Claims trading at its fuzziest In applying the theory of equitable subordination, the second circuit limits the roles of a creditors committee: In re Applied Theory Corporation... more
Morgan Lewis Title | White Paper
Bankruptcy/Restructuring
The markets remain at a historically low level of corporate defaults, with a resulting lack of sizeable out-of-court restructurings and Chapter 11 proceedings. However, we are unconvinced that the laws of economic gravity have ... more
Newsletter | Morgan Lewis on Restructuring
Menachem Zelmanovitz, Annie Wells
In this Issue: U.S. Supreme Court Decides That Debtor's Right to Convert is Not Absolute Rule 2019: A long neglected rule of disclosure gains increasing prominence in bankruptcy Post- Travelers : Forbian may... more
Presentation | Webinar
Wendy Walker, Kristin Wigness
Informational discussion on key business and legal isses associated with second lien financing, given by a panel of Morgan Lewis lawyers from the Restructuring Group, a key member of Wells Fargo's administrative agency group, and experienced advisors from Alvarez & Marshal LLC.
Newsletter | Morgan Lewis on Restructuring
Menachem Zelmanovitz
In this Issue: Going, Going, Almost Gone: Deepening Insolvency - A Disappearing Theory of Liability, Part II: Over the past year, courts have generally dismissed deepening insolvency claims for failure to... more
Newsletter | Morgan Lewis on Restructuring
Bankruptcy/Restructuring Practice
In this Issue: MAC Clauses in Commercial Loan Documents- Are they Effective?: The "standard" borrower representations and warranties in commercial loan documents typically include a "no material adverse change" or ... more
Presentation | Speech
Michael Bloom
Outside Publication | Article
Menachem Zelmanovitz
Newsletter | Morgan Lewis on Restructuring
Terrence Dugan, Wendy Walker
In this Issue: When Worlds Collide: Sarbanes-Oxley Act § 308 vs. Bankruptcy Code §§ 510 and 1129: Enacted in 2002 in response to an apparent epidemic of corporate frauds, including Enron, the Corporate and Auditing... more
Presentation | Speech
Michael Bloom
Newsletter | Morgan Lewis on Restructuring
Bankruptcy/Restructuring Practice
In this Issue: Non-Debtor Releases in Reorganization Plans- Are they still viable or a thing of the past in the Second Circuit?: Plans of reorganization have increasingly included provisions releasing and permanent... more
Newsletter | Morgan Lewis on Restructuring
Menachem Zelmanovitz, Andrew Gottfried, Wendy Walker
In this Issue: Substantive Consolidation: Owens Corning - Third Circuit Severely Restricts Availability of This Extraordinary Remedy: Substantive consolidation is an equitable remedy employed in multi-debtor bankrup... more
Presentation | Speech
Wendy Walker
Outside Publication | Book
Wendy Walker
Newsletter | Morgan Lewis on Restructuring
Bankruptcy/Restructuring Practice
In this Issue: Bankruptcy Act of 2005: Impact on Large Chapter 11 Cases: On April 20, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (the “Act”) of 2005 was signed by President Bush. M... more
Morgan Lewis Title | White Paper
Wendy Walker
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”) has now become law. While the Act principally focuses on consumer and small business1 bankruptcy issues, it also includes significant c... more
Outside Publication | Article
Wendy Walker
Outside Publication | Article
Wendy Walker
Morgan Lewis Title | White Paper
Wendy Walker
There are two types of insolvency proceedings under United States bankruptcy law which are available to entities formed outside the United States. First, a foreign entity that is already subject to a “foreign proceeding&r... more