L. James Dickinson

Pillsbury insights on insolvency-related solutions, obstacles and precedents for owners, landlords and lenders to consider.

Pillsbury insights on the wide-ranging, often complex array of challenges inherent in cross-border insolvency matters.

Manipulation of “center of main interest” to secure UK bankruptcy venue does not bar chapter 15 recognition so long as creditors are not disadvantaged.

U.S. Bankruptcy Court does not enforce an asset freeze order from a Brazilian insolvency proceeding recognized under chapter 15 of the Bankruptcy Code.

Zokinvy is approved in the U.S. (2020), European Union and Great Britain (2022) and Japan (2024) for the treatment of progeria, a collection of ultra-rare, fatal, genetic premature aging diseases that accelerate mortality in young patients

After a U.S. District Court departed from the “apparent consensus” that an official committee automatically dissolves when the chapter 11 case is dismissed, the Talc Claimants’ Committee in the similarly dismissed In re LTL Management, LLC case was quick to take notice.

Source: American Bankruptcy Institute Journal

Where broad nonconsensual nondebtor releases are unavailable, the Fifth Circuit has endorsed gatekeeping provisions and injunctions to protect certain nondebtor plan participants from post-confirmation litigation.

Courts remain divided as to whether electricity is a good (resulting in an administrative claim for electricity provided in the 20-day period before a bankruptcy case is filed) or service (no administrative claim).

Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings.

Hospitality debtors with substantial equity but prolonged depressed revenues due to COVID-19 may find negative amortization, a tool used sparingly pre-pandemic, helpful in the restructuring of mortgage debt under a chapter 11 plan until operations are turned around.