Bankruptcy & Restructuring

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Piercing The Corporate Veil Takes More Than Just Fraud By The Individual

December 1, 2015 | Blog | By Kevin Walsh

Many of us have endured the nightmare of a disastrous home renovation or at least enjoyed Tom Hanks in The Money Pit (How long? Two weeks, of course). Well imagine spending half a million dollars, not for a new and improved home, but rather chasing your contractor for paid, but never completed, work.

Severance Payments May be Recoverable in a Company's Bankruptcy

November 2, 2015 | Blog | By Eric Blythe

Working for the Queen of Hearts is a tough gig. A disappointing quarter and she's quick to the chopping block. And the 'severance' she offers - "Off with their heads!" - no thanks.

Taking Bankruptcies Too Fast Around the Curve (The Deal)

October 28, 2015 | Blog | By William Kannel

Bill Kannel was recently quoted in The Deal's article “Taking bankruptcies too fast around the curve” regarding the growing trend of shorter, preplanned Chapter 11 cases. Experts debate the causes and effects including a potential link between case length and refilings as companies skim over key structural and operational issues in favor of more dynamic and immediate fixes.

A WARNing to Directors and Officers — Failure to Give Proper WARN Act Notice May Breach Your Fiduciary Duty

October 9, 2015 | Blog | By Kevin Walsh

At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “Milk was a bad choice.” But in actuality Stanziale is much more interesting: it answers whether one can breach their fiduciary duty by exposing an employer to a claim under the aptly-named WARN Act, which requires employers to tip off their workers to a possible job loss.

Can Alphabet Soup Fix Puerto Rico's Debt Service Issues?

September 28, 2015 | Blog | By William Kannel

Last week, the Working Group for the Fiscal and Economic Recovery of Puerto Rico gave the broadest hint yet of the next tactic in Puerto Rico’s ongoing quest to deleverage itself. 

The Evolution of Fiduciary Duties Under Delaware Law

September 28, 2015 | Blog | By John H. Bae, Kaitlin R. Walsh

In a recent New York Law Journal article, “The Evolution of Fiduciary Duties Under Delaware Law”, John Bae and Kaitlin Walsh describe the ongoing development of Delaware law regarding directors’ duties and provide guidance to directors of corporations facing insolvency. 

When it is Fair: Recent Circuit Court Decisions on Equitable Mootness

September 21, 2015 | Blog | By Kevin Walsh

Generally, once a plan of reorganization is confirmed and substantially consummated, an appellate court will not “unscramble the egg” and grant appellate relief if doing so would harm third parties that relied on the confirmation order.

Overview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware

August 31, 2015 | Blog | By Kevin Walsh

In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision.

Hospitals Remain Stressed, But Don't Blame the ACA (Modern Healthcare)

August 21, 2015 | Blog | By Daniel S. Bleck

Dan Bleck was quoted in the Modern Healthcare article “Hospitals remain stressed, but don’t blame the ACA” addressing the misconception that the Affordable Care Act is the reigning force pushing healthcare providers into bankruptcy.

363 Sale Denied because Secured Creditor not Paid in Full from Proceeds

August 3, 2015 | Blog | By Eric Blythe

A Delaware bankruptcy court held in In re Ferris Properties, Inc. that the debtors could not sell their property free and clear of the secured lender’s mortgages because the lender would not be paid in full from the proceeds of the sale. Specifically, the Court held that the lender could not be compelled to accept a money satisfaction of its interests under section 363(f)(5), and that the lender did not consent to the sale under section 363(f)(2).

Did The Supreme Court Finally Explain Stern? Examining the Wellness of Bankruptcy Court Jurisdiction

July 21, 2015 | Blog

The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from previous cases. Wellness International Network, Ltd., et al. v. Sharif is the Supreme Court’s sixth significant case exploring bankruptcy court jurisdiction under the Bankruptcy Code.

Quadrant Court Further Defines Creditor Derivative Standing for Breach of Duty Claims

July 21, 2015 | Blog | By Kevin Walsh, Chip Phinney

The Delaware Court of Chancery recently held that, for a creditor to have standing to bring a derivative breach of fiduciary duty action, the creditor need only establish that the corporation was insolvent at the time the creditor’s action was filed—not that the corporation continued to be insolvent until the date of judgment.

Bankruptcy Settlements may not have to Comply with the Absolute Priority Rule

July 21, 2015 | Blog | By Eric Blythe

In the recent Third Circuit decision in In re Jevic Holding Corp. the Court of Appeals ruled that, in rare circumstances, settlements in bankruptcy cases can be approved even if they result in junior creditors receiving a distribution before senior creditors are paid in full (i.e., even if the settlement violates the "absolute priority rule").

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