Bankruptcy & Restructuring News & Analysis
DISH DBS Corporation: A Prepackaged Plan and a 363 Sale Under One Roof
A regulatory directive to sell wireless spectrum split a single enterprise into two restructurings running in parallel: a self-funding prepackaged plan for the Pay-TV business, and a Section 363 wind-down for the stranded 5G network
A General Partner's Management Rights Survive Its Bankruptcy
The Ninth Circuit Bankruptcy Appellate Panel holds, as a matter of first impression, that California's automatic-dissociation statutes are preempted ipso facto clauses, and that voting a debtor general partner out of a partnership postpetition violates the automatic stay.
U.S. TelePacific (TPx): A Balance-Sheet Restructuring on a 70-Day Clock
A managed IT services business enters Chapter 11 to shed roughly $1 billion of funded debt through a pre-negotiated plan, while a sale process runs alongside it
A Right of First Refusal Meets a Whole-Company Sale
In Genesis Healthcare, a Texas bankruptcy court overruled a minority partner's effort to invoke a right of first refusal and carve a single 120-bed nursing home out of a Section 363 sale of roughly 175 facilities. The court rejected every argument the partner raised and rested on independent alternative grounds
The A&P v. McKesson Preference Opinions
Four memorandum opinions, issued together, show why mechanical payments survive a preference attack and why payments touched by creditor pressure do not