Bracewell & Giuliani


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Points

  1. Bankruptcy Lawyers Can’t Get Paid Their Fees in Defending Their Fees?? The Supremes Got It Right

    June 22, 2015

    “Stop in the name of love, before you break my heart”

    That’s what bankruptcy lawyers are now proclaiming in the wake of Baker Botts v. Asarco, in which the Supreme Court held that the debtor’s law firm could not be paid its “fees on fees” in defending against an objection to their fees. Two disclaimers. First, our firm represented the winning party in Baker Botts. Second, I am a bankruptcy lawyer and I would like to be paid all of my fees, including fees on fees. But it ain’t right or, at least, it ain’t what Congress authorized in Bankruptcy Code § 330. more…

  2. Losing Momentive: A Roadmap to Higher Cramdown Interest Rates

    June 15, 2015

    HARVARD BUSINESS LAW REVIEW ONLINE

    I. Introduction
    There has been a lot of press regarding the lengthy Momentive, bench ruling delivered in late 2014. In Momentive, the Bankruptcy Court for the Southern District of New York held that debtors could satisfy the “cramdown” requirements of section 1129(b) of the Bankruptcy Code by distributing to secured creditors replacement notes paying below-market interest rates based on small margins. Several months later, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) issued an unpublished decision in which it took a more nuanced approach to cramdown interest rate calculation. Instead of identifying a defined range for acceptable margins, as was the case in Momentive, the Ninth Circuit BAP concluded that creditors should shoulder the evidentiary burden to prove the risk factors used to determine the appropriate cramdown rate. In the wake of Momentive, the Ninth Circuit BAP has offered undersecured creditors a roadmap to higher cramdown interest rates under the right circumstances.

    Read the full article here.

  3. Bleak Outlook for Firearms Maker Colt

    June 5, 2015

    Bracewell attorney’s recently co-authored an article for National Defense Magazine on the dreary outlook for firearms producer Colt Defense. There are signs they will file Chapter 11, or they could be preparing the company to make a big shift, either way change is on the horizon for Colt. Read the full article here.

  4. View All Points »

Poems

Red Sox Nation

Falling further back
Deflated like Tom Brady
They could use A-Rod

E&P Companies

They drill baby drill
Black gold no longer golden
Jed Clampett goes home

Just Shoot Me

Colt dome in Hartford
Gold leafing peeling away
No more peacemakers?

Icarus Flies Again

AMR-US
If you fail and fail and fail
Is fourth time the charm?

Suntech

Chinese company
US public bondholders
Welcome to Wuxi

Mariano Rivera

Number 42
Is now 43 years old
Makes Jeter look young

AMR-US

Two troubled airlines
Will merged airline be better?
I prefer the train

Prescription for Recovery

We could use more jobs
And fewer politicians
It is that simple

Wall Street

Bulls, Bears make money
Pigs become hogs, get slaughtered
Wall Street ever thus

Premature Exit

I made a killing
When I sold my Apple shares
…At Eighty-Six, sigh

View All Poems »

People

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Evan D. Flaschen

As Blogger-in-Chief Evan Flaschen approaches his office in his signature Tommy Bahama shirt, shorts and sandals, the classic Ozzy Osbourne song “Crazy Train” is cranked to 11. With a 7-foot giraffe statue peering over one shoulder, a life-size Abe Lincoln cut-out over the other and Bloomberg news on his wall TV, Evan sits in front of his four computer screens, two speakerphones and wireless headset and takes on the restructuring world with a passion and a smile. (more…)

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Kurt A. Mayr

While Kurt Mayr successfully cut his legal teeth in the dog-eat-dog world of “Big Law” on Wall Street, he has another side too. Kurt enjoys spending his spare time at his family’s Vermont farmhouse, built in 1763, where he pursues his other passion, woodworking.  (more…)

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Katherine L. Lindsay

Kate Lindsay built a photography business from scratch in her twenties. Now she focuses her lens on legal matters, representing institutional investors, fund managers and lenders in complex workouts, insolvency proceedings and litigation.  (more…)

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Kristen V. Campana

As a skilled chef who has traveled to six continents (Australia’s up next), Kristen put herself through law school with catering jobs. Thankfully, she found Wall Street just as fascinating as travel and fine cuisine. (more…)

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Renée M. Dailey

Renée approaches her golf game meticulously. She focuses on where she wants to end up, tunes out any distractions, drives it down the fairway with strength, and then putts it into the hole with finesse. She approaches US and cross-border restructurings in the same way.  (more…)

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