Weil

Restructuring

Tribune

Third Circuit Decision Provides New Guidance on the Unfair Discrimination Standard of Cramdown and the Enforcement of Subordination Agreements When Confirming Cramdown Plans

Contributor(s)

Ronit J.
Berkovich

Case Overviews, Corporate Governance & Fiduciary Duties

District Divided: Tribune Decision Creates SDNY Split over Standard for Imputing Officer and Director Intent to a Corporation

Avoidance Actions, Claims, Jurisdiction & Appeals

Distributions to Cash Out Shareholders of Target Company in an LBO are Subject to Fraudulent Transfer Lawsuits in State Court

Chapter 11 Plans

“Notwithstanding Section 510(a)…” – Tribune’s Bankruptcy Court Holds that Contractual Subordination Should Not Be Considered in Unfair Discrimination Analysis