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Editor's Note

Editor's letter: Nov. 16, 2009

Beneath the veneer of Wall Streeters beats the same heart, stirred by the same determinants of behavior.


Regulatory

Of politics and pay

How to fix executive compensation rules without breaking the companies.


Industry Insight

Before the honeymoon ends

Thinking differently about conflict resolution.


Judgment Call

The price of R&D

FAS 141(R): A new source of shareholder litigation against innovation-driven companies?



Entries tagged "bankruptcy"

Insurance as a due diligence priority

The existence, scope and possible availability of the seller's insurance policies may be a critical component of an asset deal that can impact valuation.


CIT Group Inc.

Troubled middle market lender CIT Group Inc. (NYSE:CIT) announced Sunday it has filed for Chapter 11 bankruptcy protection.


Mezz dispenser

Recent developments in the English restructuring market may leave mezzanine lenders in the cold.


In the thick of things

FocalPoint Partners carves out an investment banking niche. Originally focused on M&A and capital raisings, with the great recession, it now has turned to distressed and restructuring work.


Research redux

A class action against bankrupt Charter Communications could reopen concerns about analyst-banking conflicts.


Richard Cieri and the ubiquity of failure

The veteran Kirkland & Ellis bankruptcy lawyer says 'we've never seen a cycle like this before.'


Miller Buckfire on restructuring's learning curve

Investment bankers Henry Miller and Kenneth Buckfire say preperation is the best way to avoid the worst-case scenario.


Pulp fiction

In the wake of the last banking crisis, regulators won a tough-sounding power, but "prompt corrective action" hasn't lived up to its name.


Airlines and bankruptcy

The latest headlines on airlines and bankruptcy.


Hitting the wall

Two features of the 2005 bankruptcy reform act blunt its power to reduce defaults, and a third could make many future reorganizations extremely difficult to pull off.


Out of register

A private equity solution for family-owned newspapers goes sour, and slumping secondaries.


Mitigating fraudulent risk

Companies purchasing assets from distressed sellers face the possibility that the transaction may be challenged and set aside.


Self-starter stops

As Arcandor's self-administration unravels, does debtor-in-possession bankruptcy have a future in Germany? One expert says that because of the Arcandor failure, such cases will become even more rare.


Money never sleeps

A down market is often the best time to acquire a business, snap up strategic assets, or simply recapitalize or restructure for the future


Who says what to whom

The role of corporate communications in Chapter 11 proceedings.


Gift or graft?

To smooth a reorganization, senior creditors may offer part of their recovery to out-of-the-money creditors. Is this like buying votes?


Bankruptcy buyer beware

Environmental issues in Chapter 11 reorganizations.


Up a down staircase

Crisis and recession tested buyout funds and turned our annual review of private equity highlights into a tableau of winners, losers and survivors.


Stay of execution

An Irish developer admits it's busted. But it's wants the court to keep it temporary alive to limit further damage.


Crossover appeal

How noteholders of Paul Allen's bankrupt cabler recognized a mutual self-interest and agreed to a broad restructuring.


Transactions from hell

Three big newspaper company buyouts go bust. Maybe local ownership isn't that important.


The risks of derisking

Covenant-lite structures did not prevent Aleris' slide into Chapter 11. Two other aluminum companies landed in bankruptcy this year, and more are on the brink.


Fatal attraction

Carlyle/Riverstone's unstinting faith in SemGroup proved remarkably ill-founded.


The default option

Gannett has enough problems battling recession and flagging newspaper fortunes. But on top of that, the chain must cope with credit default swaps and empty creditors. The result could be Chapter 11.


Gerber at the wheel

Chrysler's ride through bankruptcy kept Judge Robert Gerber busy. Now he must drive the even larger, and possibly more contentious GM bankruptcy through court. He will have to draw upon prior experience overseeing the bankruptcy proceedings of Adelphia, Global Crossing and Lyondell Chemical.


Scoreboard: Bankruptcy League Tables

See The Deal's lists of the top firms and practitioners with active bankruptcy cases.


Caregivers now in need of care

While the public was trained on the pending bankruptcies of the automakers, healthcare was an industry bleeding heavily.


Magazines

As Crain's New York tells us, 525 magazines died in 2008. What's in store for 2009? Bankruptcies and auctions amid a changing industry.


Bankruptcy revisited

Why the General Motors and Chrysler bankruptcies may be creative but illegal.


When hedge funds go to bankruptcy court

Lessons learned from the Chrysler case may help hedge funds maximize the value of their investments.


Self-help

In German bankruptcies, managers normally get fired and companies usually get liquidated. But SinnLeffers tried a more American approach.


Donald Trump

Trump's worth is questioned.


An extra DIP

Despite a tough market, General Growth had lenders competing to finance it in bankruptcy.


Lyondell lessons

Luxembourg-registered, Netherlands-based LyondellBasell filed for Chapter 11 in New York, betting that its chances to reorganize would be greater.


Chrysler revs its engine with Jones Day

Chrysler might not have filed for bankruptcy protection until April 30, but the automaker's restructuring efforts have been generating work -- and fees -- for advisers for months.


Transactions: May 18, 2009

In the stress tests, the bank nationalizers again discovered the power of politics.


Chained to the drawing board

Congoleum hasn't been able to convince a judge or its insurers that it has a confirmable plan for paying asbestos victims, and now it's fighting to keep its bankruptcy alive.


Poisoned chalice?

Creditors backed Belvedere into bankruptcy. The fine print of French law may be hard to swallow.


Digging deeper

How to uncover an overlooked asset: life insurance policies.


Rigors of rehab

The market for debtor-in-possession loans is alive, but it's expensive, picky and creditor-friendly -- yet DIPs are needed more than ever before.


The sun doesn't always rise

Ways for PE-backed companies to weather the current economic storm.


Mortal combat

A Delaware bankruptcy court delves into the tangled relations among Sumner and Shari Redstone, a failing games company and an obscure buyer.


Yellow and blue

Directory publisher Idearc's restructuring plan could serve competitor R.H. Donnelley equally well. But will either company's creditors go for it?


Lyondell revisited

The M&A bar cheers as the Delaware Supreme Court overturns a perplexing decision in the Lyondell case.


Chapter IP

Protecting your intellectual property when your licensee (or licensor) is bankrupt.


A new Charter

Paul Allen's cable company finally began to crumble under crushing debt. To the rescue: an unlikely gang of creditors, who used some fine print to ram home a prepack.


Patchwork quilt

Chapter 11 has its virtues, but it's not about to replace the U.K.'s administration regime.


Every man for himself

No one definition of what a successful bankruptcy is binds lawyers and advisers, which may be one reason why there are so many repeat filings.


Front end of a tsunami

Large bankruptcies are coming in waves now, and the professionals working on them are in for the rides of their life.


Not all that fail proof

Leverage -- lots of it -- can bring down businesses in this recession, with or without covenants.



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