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Strategic Exchange: Remembering two industry giants lost in 2020


By Kemp Harr
As fast as we’d like to see the coronavirus go away, the silver lining is the priority shift toward the home, which is driving American homeowners to place where they live and how their home functions much higher on the priority list. The reality has set in that the home is and will be much more than a closet and a place to lay their head at night. As a result, residential flooring sales are much stronger than expected, and this wave of business energy should continue, thanks to the extended role the home now plays in the daily work and family routine. ....

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DIP Financing Agreement Initially Rejected as Sub Rosa Chapter 11 Plan | Jones Day


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Postpetition financing provided by pre-bankruptcy shareholders or other insiders is not uncommon in chapter 11 cases as a way to fund a plan of reorganization and allow old shareholders to retain an ownership interest in the reorganized entity. The practice is typically sanctioned by bankruptcy courts under an exception the new value exception to the absolute priority rule, which prohibits shareholders and junior creditors from receiving any distribution under a plan on account of their interests or claims unless senior creditors are paid in full or agree otherwise.
Such a proposed financing arrangement was the subject of a ruling recently handed down by the U.S. Bankruptcy Court for the Southern District of New York. In ....

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