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Articles by Carl Tullson
Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims | JD Supra
[co-author: Justin Larsen] Takeaways “Make-wholes” — one-off payments required if debt is prepaid or, in certain cases, otherwise accelerated — have generated litigation, with debtors contending they can continue to pay lenders under the debt’s original terms without the lenders’ consent and without paying the make-whole.
Expansive Stimulus and Monetary Policy Helped Limit Restructurings, but Debt Maturities Loom | JD Supra
Takeaways After an initial surge in debt restructurings and insolvencies in the early stages of the pandemic, stresses eased and fewer companies sought reorganizations. Default rates are low, as governments have offered fiscal and monetary support and capital markets remain healthy.
Insurance Considerations for Directors and Officers of Delaware Entities | JD Supra
As directors and officers (Ds&Os)1 face exposure to potential personal liability claims, they should consider the principal protections available to them. Part one of this two-part series provided a “nuts and bolts” overview of key indemnification and advancement provisions for Ds&Os of Delaware entities.2 This second part outlines certain key features of director and officer insurance policies (D&O policies), including core coverage parts, “tail” coverage and select exclusions.
Indemnification Considerations for Directors and Officers of Delaware Entities | JD Supra
Directors and officers (Ds&Os)1 face exposure to potential personal liability for claims made against them in their capacity as directors and officers of the companies that they serve.
Second Circuit Allows Avoidance Actions Against Foreign Transferees in Madoff Proceeding | JD Supra
On February 25, 2019, the U.S. Court of Appeals for the Second Circuit vacated the bankruptcy court’s dismissal of avoidance actions brought by Irving Picard, the trustee (Trustee) for the liquidation of Bernard L.
Bax Limits Standing to Pursue Derivative Claims in Bankruptcy | JD Supra
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