Bankruptcy & Restructuring News & Analysis

Confirming the Keystone: How Siloed Fiduciaries Carried QVC Group's Intercompany Settlement Through Confirmation

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A Texas bankruptcy court confirmed QVC Group's prepackaged plan over a preferred-shareholder objection, holding that a global intercompany settlement negotiated by independent disinterested directors cleared Rule 9019 under business judgment review, that a release is not an indemnity for equal-treatment purposes, and that opt-out third-party releases remain consensual after Purdue.

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Serta on Remand: A $261 Million (Plus Interest) Breach

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On remand from the Fifth Circuit, the bankruptcy court held that the participating lenders breached the credit agreement's pro rata sharing provision and awarded the excluded and LCM lenders $261.13 million, plus six years of mandatory prejudgment interest at nine percent

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A Public Detention Corporation Restructures Its Bond Debt in Chapter 11

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Central Falls Detention Facility Corporation entered Chapter 11 with a signed restructuring support agreement and a plan that would eliminate more than $101 million of bond obligations while resolving years of litigation with its host city and a data-security class action

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Pacifica of the Valley: A Safety-Net Hospital's Emergency Chapter 11 and a Contested Main Street Loan

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A Los Angeles County safety-net hospital entered Chapter 11 in Delaware with roughly $240,000 in unrestricted cash, four days before a Colorado court was scheduled to hear a receivership motion tied to a Main Street Loan whose assignment that same court had just declined to validate on summary judgment

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When Blockers Hold: Contractual Caps and the Limits of Section 16(b)

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In an issue of first impression, the Second Circuit holds that a comprehensive, self-executing blocker defeats a short-swing profit claim, even where the anchor investor cleared more than $300 million trading in and out of a company on the eve of its bankruptcy

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