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Articles by Daniel Guyder
United States - Food and Drugs Law - U.S. Supreme Court Rejects Purdue Pharma Opioid Settlement, Resolving Circuit Split And Ending The Use Of Non-Consensual Third-Party Releases In Chapter 11 Plans
The U.S. Supreme Court reversed confirmation of Purdue Pharma's Chapter 11 bankruptcy plan of reorganization on the basis that its non-consensual third-party releases were not permissible. It held that the Bankruptcy Code does not authorize the inclusion of a release in a plan that effectively seeks to discharge claims against a non-debtor without the consent of affected claimants.
The sun never sets on English law governed debt: reviewing the Re Prosafe SE decision | JD Supra
Please see full Publication below for more information. The recent decision in Re Prosafe SE pits the principle of freedom of contract against the increasingly popular modified universalism in the cross-border restructuring and insolvency space.
Collateralized loan obligations group sues fellow lenders over new 'super priority' loans | JD Supra
Plaintiffs allege that this lender-against-lender conduct not only breached the terms of the first lien loan agreement, but also violated universally accepted norms of the syndicated loan market and will harm leveraged lending and sub-investment grade borrowers if not punished.
District Court Reaffirms Broad Reading of Bankruptcy Safe Harbors for Derivatives Transactions | JD Supra
In our prior bulletin, we discussed the July 6, 2016 decision of Judge Shelly Chapman of the United States Bankruptcy Court for the Southern District of New York in In re Lehman Brothers Holdings Inc., 553 B.R. 476 (Bankr. S.D.N.Y. 2016), which rejected existing precedent in the Lehman bankruptcies regarding the application of the ipso facto and safe harbor provisions of the Bankruptcy Code.
Supreme Court Limits Scope of Safe Harbor Protection for Avoidance Actions | JD Supra
Section 546(e) of the Bankruptcy Code protects certain transfers from clawback under the avoidable transfer provisions of the Bankruptcy Code where, among other things, such transfers are made by, to, or for the benefit of financial institutions in connection with securities contracts.
Putting PROMESA to the Test: Puerto Rico Files for Protection Under Title III of PROMESA
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