The Plan—the result of years-long efforts by the Debtors (represented by Davis Polk) and other key stakeholders to resolve opioid clams against Purdue and recover from its owners—will...
Davis Polk partner and Restructuring practice co-head Marshall Huebner and partner Elliot Moskowitz authored “Tell me your secrets: Chapter 11 discovery risks for investor valuation mat...
The Treasury Department advised Congress last week that the government is expected to reach its debt limit on January 19. After that, Treasury will be required to take “extraordinary me...
Davis Polk Restructuring co-heads and partners Marshall Huebner and Damian Schaible, partner Angela Libby and associate Paavani Garg authored “More Restructuring Is Coming for Credit Le...
Davis Polk partner Marshall Huebner and counsel Marc Tobak authored “Please Don’t Forget the Victims: Mass Torts, Third Party Releases and the U.S. Bankruptcy Code” in the Harvard L...
Davis Polk partner and Restructuring co-head Marshall Huebner and associate Amber Leary recently authored “The Landscape Shifts: Duties of and Risks to Directors and Officers of Insolve...
In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole premium are disallowed under section 502(b)(2) of the Bankruptcy ...
In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords unimpaired creditors of a solvent debtor an equitable right to re...
The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a “sacred right” provision in an indenture, which required the...
Few topics generate as much attention and commentary within the restructuring community as the treatment of make-wholes in bankruptcy. During the past decade, several prominent judicial d...