Corporate Restructuring and Bankruptcy

New York Law Journal

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Shipping Companies Find a Safe Harbor in U.S. Bankruptcy Courts   

Stroock & Stroock & Lavan partners Andrew P. DeNatale and Curtis C. Mechling write that since the multinational scope of many shipping companies necessitates overseas operations and dependence on worldwide vendors, the U.S. insolvency regime is particularly well-suited to restructure an international shipping company.

Practical Lessons From the 'Tousa Saga'   

Garry M. Graber, a partner at Hodgson Russ, and Craig T. Lutterbein, an associate with the firm, analyze a series of decisions that highlight the uncertainties involved with loans made to a parent company but secured by the assets of its subsidiaries, and that serve as a cautionary tale for lenders seeking to protect themselves in distressed deals and an informative one for unsecured creditors evaluating the potential returns from a bankruptcy estate.

Bankruptcy Settlements and the Common Interest Privilege   

Davis Polk & Wardwell's Elliot Moskowitz and Mathew S. Miller write: As the time between when adversaries agree in principle on a settlement and when an order is entered confirming the plan of reorganization that implements that settlement has grown, so too has the degree of coordination and communication among formerly-adverse plan co-proponents, and there is a need for clarity about whether those interactions are fair game for discovery.

The ABCs of an ABC

Barry M. Kazan and Scott B. Lepene of Thompson Hine discuss the role of an assignee, the process for selling assets, and advantages and disadvantages of an assignment for the benefit of creditors, an alternative to bankruptcy which can avoid the expense and loss of control that can potentially coincide with a Chapter 7 filing.

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