F-Squared Investment Management – Avoidance Actions Filed

On July 6-7, 2017, Craig Jalbert, in his capacity as Trustee for F2 Liquidating Trust, filed approximately 187 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and 550 of the Bankruptcy Code (depending on the nature of the claims).   View Full Post
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On First Impression, U.S. 5th Circuit Recognizes Its Jurisdiction to Review Summary Judgment Denials On Legal Issues Even After a Jury Trial

By | Louisiana Law Blog | July 7, 2017
By Tod J. Everage The US Fifth Circuit recently published an opinion in Feld Motor Sports, Inc. v. Traxxas, LP, recognizing that it had jurisdiction to review a district court’s denial of a motion for summary judgment on a legal issue. View Full Post
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SCOTUS to Settle Circuit Split On Rule Applicable to Recharacterization of Debt to Equity Disputes

The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital contribution. Recharacterization presents a critical issue for lenders and investors in distressed companies. View Full Post
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Schemes of Arrangement: Share-splitting Unsuccessful in Blocking a Takeover Scheme

Dividing a Pie ChartIn a corporate world where the capital structures of companies are becoming increasingly complex, schemes of arrangements under the Companies Act 2006 have established themselves as the restructuring procedure of choice for many distressed companies. This popularity is evidenced by the fact that schemes of arrangement have been increasingly used by overseas companies wishing to restructure their debts under the flexibility offered by English law. View Full Post
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United States Supreme Court Reverses California Supreme Court Decision That Extended the Jurisdictional Reach of State Courts

By | Louisiana Law Blog | July 3, 2017
By Claire E. Juneau The United States Supreme Court recently issued an opinion which significantly limits the ability of a state court to assert personal jurisdiction over non-resident defendants. This ruling is hardly a surprise and is consistent with the Court’s recent decisions in BNSF Railway Co. View Full Post
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Key Employee Retention Plans in CCAA Proceedings

Key Employee Retention Plans are a common feature in restructurings occurring under the Companies’ Creditors Arrangement Act.  The basis for a KERP is simple and easily explainable.   The value of almost any debtor company will be maximized through a sale or restructuring transaction that preserves it as a going-concern business and avoids a piecemeal and costly liquidation of assets at depressed prices.   View Full Post
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Gabrielle Glemann: A Welcome Addition to Our Bankruptcy Practice

Stoel Rives is pleased to welcome Gabrielle Glemann as Of Counsel in our Corporate Group in Seattle. Her arrival solidifies our bankruptcy practice both in the Pacific Northwest and nationally. Our clients will greatly benefit from Gabrielle’s significant experience in national and international corporate bankruptcy and bankruptcy litigation matters. View Full Post
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