Sentences with phrase «on substantive consolidation»

He advises financial institutions and other businesses with respect to bankruptcy and creditors» rights matters, including loan workouts and restructurings, tax matters, bond defaults, and issues legal opinions on substantive consolidation and true sale and other bankruptcy related issues.

Not exact matches

EVA bottoms on an assumption of a substantive consolidation between the company and short run OPMIs.

In broad strokes, the plan called for the substantive consolidation of Adeptus's 140 different debtor entities for plan, voting, and distribution purposes; Deerfield's contribution to equity holders of a portion of its recoveries on its significant deficiency claims from a litigation trust; and the vesting of the reorganized entities» equity in Deerfield in exchange for its secured and DIP debt.

After canvassing the leading substantive - consolidation standards and cases, Judge Jernigan determined that consolidation is appropriate under any test; her decision turned on a litany of facts and factors, including that (i) the company's «nerve center» is its Texas headquarters and all payroll for employees is effectuated from there, (ii) the company's centralized cash - management system and three bank accounts, (iii) all debtor entities were controlled by common officers and directors, (iv) the existence of substantial intercompany claims, (v) credible testimony demonstrated that preparing individual schedules was extraordinarily difficult and required numerous amendments, (vi) a substantial amount of creditors treated the debtors as a single unit, and (vii) that credible counsel had determined that the primary assets of many debtors — D&O litigation claims — are jointly owned by the debtors.