Perspectives on Bankruptcy & Financial Restructuring

The 2016 edition of Legal 500 US has rated 46 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

Given the recent municipal bankruptcies and likelihood of more to come during the next recession, the author draws lessons from recent cases to determine what changes to Chapter 9 would be in the interest of the nation.

On March 24, 2016 the Supreme Court of the State of Illinois affirmed the Circuit Court’s decision that the Illinois law modifying the provisions of Chicago’s pension statute violated the Illinois Constitution.

When the next recession occurs there probably will be other municipalities in severe fiscal distress that opt to file under chapter 9. Now is a good time for capital market participants to focus on changes to chapter 9 that address the lessons from the most recent round of municipal bankruptcies.

Arent Fox LLP is pleased to announce the election of its new partners and counsel, effective January 1, 2016.

Eight Arent Fox attorneys have been named “Best Lawyers” by Washingtonian Magazine in its 2015 guide to the capital area’s “top legal talent” in 21 categories.

Puerto Rico continues to face a fiscal crisis of unprecedented proportion. The island of only 3.5 million people carries a massive debt load of $72 billion and $44 billion of unfunded pension liabilities.

Seventeen Arent Fox LLP practice areas have been recognized in the 2015 “Best Law Firms” rankings that are published annually by U.S. News & World Report and Best Lawyers.

Arent Fox’s Bankruptcy & Financial Restructuring practice was retained as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of Advance Watch Company, Ltd.

Arent Fox’s Bankruptcy & Financial Restructuring practice was retained as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of Forest Park Medical Center at Frisco, LLC.

Thirty-nine Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2016.

A recent court ruling is a good reminder to health care providers that bankruptcy may not (as is sometimes suggested) be a safe harbor for providers in danger of being forced out of business by the loss of their Medicare and Medicaid provider agreements.

Two important and very different decisions regarding public pensions were issued by the Supreme Court of Illinois and the Supreme Court of New Jersey. These decisions are significant not only for the workers and taxpayers in these States, but also for the owners and insurers of municipal bonds.

Arent Fox LLP and a team of Bankruptcy & Financial Restructuring attorneys led by New York Managing Partner Andrew I. Silfen were honored at the Turnaround Atlas Awards Gala in Chicago with the prestigious Chapter 11 Restructuring of the Year award.

Arent Fox LLP is proud to announce that, for the third consecutive year, leading global referral guide Legal 500 has named partner David L. Dubrow one of the best lawyers in the country for municipal bankruptcy.

The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed.

A US Bankruptcy Judge recently approved the sale of a package of RadioShack’s intellectual property assets—including consumer data obtained from RadioShack customers—to General Wireless Inc., the hedge fund affiliate that acquired over 1,700 RadioShack stores in February.

The 2015 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 15 of the firm’s practice areas were ranked among the best in the country.

Chief Judge Leonard P. Stark of the District Court for the District of Delaware reversed and remanded the decision of the Bankruptcy Court which approved a Bankruptcy Rule 9019 settlement that Judge Stark concluded had been inadequately noticed under the circumstances.

Chief Judge Cecelia G. Morris of the Bankruptcy Court for the Southern District of New York decided that banks may not place an administrative freeze, even a temporary one, on the bank account of an individual who files for bankruptcy.

Sovereign Assets Ltd. (SAL), a real estate firm based in Israel, was unable to service its debt obligations and was placed into liquidation proceedings in Israel. Two administrators, who had been appointed to liquidate the company in Israel, commenced Chapter 15 proceeding.

In its ruling, the Appellate Court partially reversed the lower court’s limited approval of the Settlement by finding that the lower court improperly seconded-guessed the judgment of the Trustee and did not accord that judgment proper deference when considering approval of the Settlement.

The bankruptcy case of Energy Future Holdings (EFH) and its affiliates has already provided the Delaware bankruptcy court occasion to tackle a number of important bankruptcy questions, including the propriety of using tender offers to settle noteholder claims during the pendency of the case.

A recent Delaware District Court decision concerning an appeal of a bankruptcy settlement clearly provides support for the use of tender offers or other exchange, or settlement mechanics permitted under applicable federal securities laws prior to and outside a plan of reorganization.

The Second Circuit in Krys v. Farnum Place denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC , a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.