Bankruptcy Law News and Insights

D&O Policy Coverage: Specificity Matters In Bankruptcy Context

Published: Oct 19, 2024
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A recent decision by the United States Bankruptcy Court for the Southern District of Texas in In re Walker County Hospital Corporation serves as an important reminder to clients that are purchasing or renewing directors and officers ("D&O") insurance coverage that the "Insured versus Insured" exclusion must contain the broadest possible exceptions...

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Third Circuit Orders Solvent Debtor To Pay Noteholders Post-Petition Interest At The Contract Rate, Including Make-Whole Premiums

Published: Oct 02, 2024
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On Sept. 10, 2024, the US Court of Appeals for the Third Circuit struck down a Delaware bankruptcy court ruling that a solvent debtor could pay its noteholders' interest at the lower federal judgment rate (a codified and typically lower interest rate), as opposed to a higher contract rate, and...

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The Supreme Court’s Rejection Of The Purdue Pharma Bankruptcy Plan And What It Could Mean For Other Mass Tort Bankruptcies In The Child Sex Abuse Context

Published: Sep 19, 2024
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In late June the Supreme Court handed down Harrington v. Purdue Pharma L.P. a 5-4 decision in which the court made clear the decades-long practice of shielding non-debtors from future claims in exchange for their financial contribution to creditors' recovery in a Chapter 11 bankruptcy plan was no more. The Sackler family—who...

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