Perspectives on Bankruptcy & Financial Restructuring

In a turbulent economy, political hyper-partisanship and policy dysfunction create large uncertainties for practitioners.

In light of the banking failures of Silicon Valley Bank, Signature Bank and First Republic (as well as Credit Suisse), this summer, the Federal Reserve and the FDIC proposed guidance and rules for larger banks.

ArentFox Schiff has been awarded 62 top rankings in the 2024 edition of Best Law Firms® which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

ArentFox Schiff is pleased to announce that 130 attorneys have been recognized by The Best Lawyers in America 2024, with an additional four attorneys highlighted as “Lawyers of the Year” and 69 attorneys listed as “Ones to Watch.”

With rising interest rates, one strategy a debtor can pursue as part of a reorganization is to reinstate a defaulted loan that has a below market rate.

Effective April 15, 2023, Visa has implemented a reduction in the permissible merchant surcharge to the lower of: (a) the merchant discount rate (MDR) for the applicable credit card or (b) 3%.

Our Bankruptcy & Financial Restructuring Practice was selected as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case for PGX Holdings Inc.

ArentFox Schiff is pleased to announce that Matthew Bentley has been selected to participate in the National Conference of Bankruptcy Judges (NCBJ) annual Next Generation Program.

ArentFox Schiff is pleased to announce that Bankruptcy & Financial Restructuring Practice Group Leader Andrew I. Silfen has been named to the Association of Insolvency and Restructuring Advisors’ (AIRA) 2023 class of Distinguished Fellows.

ArentFox Schiff is pleased to announce that 93 attorneys and 21 practices have been ranked by The Legal 500 United States 2023 guide, a nationwide analysis of law firms that provide cutting-edge and innovative advice.

ArentFox Schiff is proud to announce that two insights from the firm’s Bankruptcy and Financial Restructuring team have been selected for inclusion in the American Bankruptcy Institute’s Best of ABI 2022: The Year in Business Bankruptcy.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 24 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2023 edition of Chambers USA.

Valuation is a key element in bankruptcies. Generally, a higher valuation of a bankrupt firm means larger creditor recoveries, and a higher valuation of pre-petition collateral means a smaller “adequate protection” package for prepetition secured lenders.

ArentFox Schiff is proud to announce that the Bankruptcy & Financial Restructuring group has been awarded “Industrials Deal of the Year” for the sale of Masten Space Systems to Astrobotic Technology, Inc. by The M&A Advisor for the 17th Annual Turnaround Awards.

ArentFox Schiff is pleased to announce that three of the firm’s thought leaders have been named top authors by the 2023 JD Supra Readers’ Choice Awards, which recognizes authors and firms that attained a high level of visibility and engagement across the JD Supra content platform during 2022.

Over the last decade, 37 states and four territories in the United States have legalized some form of cannabis sales for recreational or medical use by consumers.

Courts across the United States are grappling with the application of traditional legal principles to “Web3” technologies and tools, such as blockchain, NFTs, and decentralized autonomous organizations (DAOs).

Our Bankruptcy & Financial Restructuring Practice represents the Official Committee of Unsecured Creditors of Winc, Inc., et al. Winc, Inc. and its affiliated companies filed Chapter 11 in the United States Bankruptcy Court for the District of Delaware.

ArentFox Schiff is pleased to announce that eight attorneys have been named to Washingtonian magazine’s 2022 Top Lawyers, which features the “top legal talent” in Washington, DC.

On Nov. 10, the U.S. Court of Appeals for the Second Circuit directed the U.S. Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a Chapter 11 debtor to the Office of the U.S. Trustee, or UST.

On December 1, 2022, several important amendments to the Federal Rules of Bankruptcy Procedure (Rules) became permanent and will govern the procedures employed in cases filed under Subchapter V of Title 11 of the US Code (Bankruptcy Code).

Recent decisions by the Fifth Circuit Court of Appeals and the Bankruptcy Court for the District of Delaware signal further disagreement over the treatment of “make-whole” premium payments under the Bankruptcy Code.

On November 10, 2022, the US Court of Appeals for the Second Circuit directed the US Bankruptcy Court for the District of Connecticut to order a refund of fees paid by a chapter 11 debtor to the Office of the US Trustee (UST).[1] 

ArentFox Schiff is pleased to announce that Christopher K.S. Wong has been recognized as an American Bankruptcy Institute’s (ABI) 40 Under 40 Emerging Leaders in Insolvency Practice winner for 2022, which identifies and honors 40 young professionals.

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”