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Does a bankruptcy court have the power to enter a final order in a fraudulent-transfer action where the defendant has not filed a proof of claim, or is the bankruptcy court limited to submitting proposed findings of fact and conclusions of law to the district court for de novo review and entry of judgment? On March 11, 2019, in Paragon Litigation Trust v. Nobel Corp., et al. (In re Paragon Offshore PLC, et al.),[1] Delaware Chief Bankruptcy Judge Christopher S.
In a “code-driven” discipline such as bankruptcy, third-party releases are a rare breed. As a form of equitable relief available to certain nondebtors in certain court-decreed circumstances in certain circuits, they are shrouded in a level of uncertainty seldom seen elsewhere. A recent holding from In re FirstEnergy Solutions Corp. that denied the approval of the debtors’ disclosure statement because it contained fatally flawed releases highlights this confusion and offers much-needed guidance to future plan proponents.
Parties enter into contracts to get the benefit of their bargain. Loan agreements are no different.[1] If a credit facility has a term of five years, the borrower should expect to pay interest for five years. Unless negotiated, borrowers generally do not have an unfettered right to repay their debts early because this would deprive the lender of its bargained-for consideration.
On Feb. 25, 2019, the U.S. Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity principles from recovering property from a foreign subsequent transferee that received the property from a foreign initial transferee.
As transactional business attorneys, we strive to craft documents that are bullet-proof, covering every what-if scenario should a deal fall apart. We hope that the agreements we draft will result in a fair and just consequence for all parties to the bargain.
