Asset Sales

Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds

Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.

Bankruptcy Trends: Sales and Restructuring

Are Trademarks Really That Special, or Did Congress Just Miss Something?

Supreme Court Denied ‘Cert.’ on Termination of Retiree Benefits

The Eleventh Circuit had held that coal producers can sell assets and insulate the buyer from liability for paying retirees’ health benefits.

Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.