Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Should You Reconsider Your Bankruptcy Remoteness Strategy?
Two recent bankruptcy court decisions have highlighted certain weaknesses regarding bankruptcy remoteness ' a concept that typically arises in the context of structured finance and asset securitization transactions. These transactions use special-purpose vehicles and seek to accomplish two primary objectives: first, to isolate a borrower's assets so as to remove them from risk if the special purpose vehicle becomes insolvent. The second objective is to make the special purpose vehicle bankruptcy remote, meaning that provisions in transactional documents and entity-control documents such as operating agreements are tailored to make it difficult for the borrower to file bankruptcy voluntarily or to collude in an involuntary bankruptcy filing.
As a result of these two recent cases, certain techniques used in these transactions to create bankruptcy remoteness by either using independent board members or issuing golden shares to effectively prevent bankruptcy filings have largely been rejected. Among other things, these cases will obviously require that opinion letters that are provided in connection with such structured finance transactions be updated to address these case law developments.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.