News Archive

Posted: August 2, 2017
Posted: July 25, 2017
New York Court of Appeals Revives Doctrine of Champerty to Dismiss Claims of Third Party Litigation Financier – Justinian Capital SPC v. WestLB AG, 28 N.Y.3d 160, 65 N.E.3d 1253 (2016).In this case, the New York Court of Appeals affirmed the lower courts’ prior rulings that a transfer of certain notes days before the commencement of the relevant action was champertous and did not fall within the safe harbor under New York’s Judiciary Law § 489(2).
Posted: July 25, 2017
New York Court of Appeals Reaffirms Binding Nature of Oral Agreements to Trade Loans – Stonehill Capital Management, LLC v. Bank of the West, 28 N.Y.3d 439, 2016 WL 7348990 (2016).
Posted: July 25, 2017
FDIC v. Chi. Title Ins. Co., 2016 U.S. Dist. LEXIS 174661 (N.D. Ill. 2016)The Northern District of Illinois (the "District Court") denied the Plaintiff FDIC’s motion for partial summary judgment and Defendants Chicago Title Insurance Company and Chicago Title and Trust Company’s motion for summary judgment and for judgment on the pleadings because there remained genuine issues of material fact that needed to be resolved at trial.
Posted: July 25, 2017
Old Second Nat’l Bank v. Jafry, 57 N.E.3d 1251 (Ill. Ct. App. 2016)
Posted: July 25, 2017
Town Ctr. Flats, LLC v. ECP Commer. II LLC (In re Town Ctr. Flats, LLC), 855 F.3d 721 (6th Cir. 2017)The Sixth Circuit Court of Appeals (the “Sixth Circuit” or the “Court”) overruled the lower bankruptcy court and held that Mich. Comp. Laws § 554.231 allows for transfers of ownership when (i) an agreement to assign rents (x) indicates an intention to transfer ownership and (y) has been recorded, and (ii) default has occurred.
Posted: July 25, 2017
Clinton Culpepper is an Associate in the Corporate Finance Department of Baker Botts L.L.P. in Austin, Texas.  He represents institutional investors, financial institutions, agent banks, borrowers and issuers in connection with private placement transactions, bank financings and high-yield debt offerings. Clinton is also a Certified Public Accountant who received a B.B.A from Texas A&M University in Accounting, an M.S. from Texas A&M University in Finance and a J.D. from The University of Texas School of Law. 
Posted: July 25, 2017
Together with the Board of Trustees and the Education Committee, co-chairs Daniel Favero and Deborah Hayes invite you to join us for the limited run engagement of “Broadway Nights,” the ACIC's 2017 Annual Meeting, on October 19-20 at the Grand Hyatt New York.We look forward to raising the curtain on a star-studded array of performances:
Posted: July 14, 2017
Posted: July 12, 2017
German CoCo BondsIntroduction
Posted: July 12, 2017
It’s hard to believe that summer is here and 2017 is now into the second half of the year. From what I hear it has been a strong 2017 for members of the ACIC. We are all looking forward to a strong second half of the year. 
Posted: July 12, 2017
A High Level Summary of the Recast European Insolvency RegulationIntroduction
Posted: July 12, 2017
A New Era of Greater Scheme ScrutinyIntroduction
Posted: July 12, 2017
Payless Holdings Inc. LLC, Re 2017 ONSC 2321In Payless Holdings Inc., LLC, Re (“Payless”), an application for the approval of certain debtor-in-possession (“DIP”) financing arrangements between, among others, a US parent in Chapter 11 and its Canadian subsidiary, was rejected on the basis that the arrangements did not provide sufficient protection for all Canadian creditor parties that stood to be affected.Facts
Posted: July 12, 2017
XPG v. Royal Bank, 2017 ONSC 2598Introduction
Posted: June 17, 2017
Posted: June 13, 2017
Singapore’s firm trajectory towards becoming an international hub for debt restructuring received a boost with the Companies (Amendment) Act 2017 coming into force on 23 May 2017.
Posted: June 7, 2017
On June 8, 2017 the United States House of Representatives passed H.R.
Posted: May 30, 2017
Posted: April 24, 2017
Posted: March 8, 2017
Posted: March 4, 2017
Please join us at the ACIC's 2017 Spring Investment Forum on April 27-28 at the Four Seasons Hotel in Chicago, Illinois.
Posted: February 28, 2017
NJK Holding Corp. v. Araz Group, Inc., 878 N.W.2d 515 (Minn. Ct. App. 2016)The Minnesota Court of Appeals (“Appellate Court”)‑held that under Minnesota law, a promise to forgive debt is a credit agreement and must be in writing in order to be enforceable. 
Posted: February 28, 2017
Opportunity Finance, LLC, v. Kelley, 822 F.3d 451 (8th Cir. 2016)
Posted: February 28, 2017
             Second Circuit Court of Appeals Reminds Lenders that Less Can Be More When Drafting Collateral Descriptions in UCC Financing Statements – Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 2016 WL 7436608 (2d Cir. 2016). 

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