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Luckey McDowell

As seen in: JD Supra, Mondaq, Westlaw Today
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Articles by Luckey McDowell

London Calling—crossing The Atlantic To Restructure In England?

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By Fred Sosnick, Katrina Buckley, Luckey McDowell
| Mondaq
In the space of less than a year, three Nasdaq-listed companies headquartered in or closely connected to the United States—namely Argo Blockchain, Fossil, and New Fortress Energy—have successfully completed significant restructurings pursuant to the English Restructuring Plan (RP) under Part 26A Companies Act 2006, underscoring the emergence of the RP as a credible option certain U.S. companies may consider for their operational turnarounds and balance sheet restructurings alongside Chapter 11.
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Landmark Supreme Court ruling in Purdue case rewrites the Chapter 11 rulebook

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By Luckey McDowell
| Westlaw Today Verified
(March 06, 2025) - Luckey McDowell of A&O Shearman discusses the implications of the U.S. Supreme Court's ruling in Harrington v. Purdue Pharma LP, 144 S. Ct. 2071 (2024), on the restructuring process. The ruling by the U.S. Supreme Court in 'Harrington v. Purdue Pharma L.P.' outlawed non-consensual third-party releases in Chapter 11 bankruptcy proceedings. Here we explain the impact of the decision on future cases.
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Additional Guidance For Drafting Dedications: Delaware Bankruptcy Court Rejects Southland Dedication

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By Omar Samji, Luckey McDowell, Ian Roberts
| Mondaq
To print this article, all you need is to be registered or login on Mondaq.com. The oil and gas industry in the United States is highly dependent upon an intricate set of agreements that allow oil and gas to be gathered from privately owned land. Historically, the dedication language in oil and gas gathering agreements—through which the rights to the oil or gas in specified land are dedicated—was viewed as being a covenant that ran with the land.
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Rough Justice: Third Circuit Holds In Tribune That A Cramdown Plan May Discriminate-But Not Unfairly-By Reallocating A Portion Of Proceeds, Overriding A Subordination Agreement - Insolvency/Bankruptcy/Re-structuring - United States

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By Luckey McDowell, Joel Moss, Ian Roberts, Fredric Sosnick
| Mondaq
To print this article, all you need is to be registered or login on Mondaq.com. On August 26, 2020, the Court of Appeals for the Third Circuit held that the Bankruptcy Code does not require subordination agreements to be strictly enforced in order for a court to confirm a cramdown plan, so long as the plan does not discriminate unfairly.
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Rough Justice: Third Circuit Holds in Tribune That a Cramdown Plan May Discriminate-But Not Unfairly-By Reallocating a Portion of Proceeds, Overriding a Subordination Agreement | Shearman & Sterling LLP - JDSupra

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By Luckey McDowell, Joel Moss, Ian Roberts
| JD Supra
On August 26, 2020, the Court of Appeals for the Third Circuit held that the Bankruptcy Code does not require subordination agreements to be strictly enforced in order for a court to confirm a cramdown plan, so long as the plan does not discriminate unfairly.
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Can a Corporate Debtor Be a ‘Financial Institution’? Second Circuit Again Holds That Tribune’s LBO is Protected By the Bankruptcy Code’s Safe Harbors | JD Supra

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By Luckey McDowell, Joel Moss, Ian Roberts
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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The Supreme Court’s Rejection of the Bob Richards Rule Creates Uncertainty Regarding the Entitlement of Members of a Consolidated Group to Tax Refunds | Shearman & Sterling LLP - JDSupra

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By Ryan Bray Verified, Todd Lowther, Luckey McDowell
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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The Final Stay: Supreme Court Holds that Any Bankruptcy Court Order Denying Relief from the Automatic Stay Constitutes a Final, Immediately Appealable Order | Shearman & Sterling LLP - JDSupra

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By Luckey McDowell, Joel Moss, Ian Roberts
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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First Circuit Finds That Funds Were Not Liable for Portfolio Company’s Pension Fund Withdrawal Liability | JD Supra

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By Luckey McDowell, Joel Moss, Solomon Noh
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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Midstream Companies Have Renewed Hope: Running-with-the-Land Oil and Gas Dedication Survives a Bankruptcy Challenge, Offering Precedent in Contra to Sabine | Shearman & Sterling LLP - JDSupra

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By Joel Moss, Luckey McDowell
| JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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