Douglas Mintz

Jan 13, 2025 | mondaq.com | Douglas Mintz |David Arnstein |Douglas I Koff |William H. Gussman

On Dec. 31, 2024, the US Court of Appeals for the Fifth Circuitissued a long-awaited decision reversing the ruling of former JudgeDavid Jones of the Bankruptcy Court for the Southern District ofTexas, blessing the Serta Simmons Bedding 2020 uptier transaction. The ruling deemed the uptier transaction impermissible andpotentially puts pressure on other uptiering transactions. Inre Serta Simmons Bedding, LLC, No. 23-20181 (5th Cir. Dec. 31,2024).

Nov 8, 2024 | mondaq.com | Douglas Mintz

Schulte Roth & Zabel partner Douglas Mintz recently shared his insights on the decline of liquidations in bankruptcy, which have hit their lowest point in 15 years due to private credit, fees and out-of-court deals, among other factors. Doug recently told The Deal that "The market's gotten more efficient at how it deals with distress.

Oct 2, 2024 | mondaq.com | Douglas Mintz |Peter Amend |Matthew Hamparyan

On Sept. 10, 2024, the US Court of Appeals for the Third Circuit struck down a Delaware bankruptcy court ruling that a solvent debtor could pay its noteholders' interest at the lower federal judgment rate (a codified and typically lower interest rate), as opposed to a higher contract rate, and that the debtor need not pay contractual "make-whole" payments.

Sep 26, 2024 | mondaq.com | Douglas Mintz |Peter Amend |Robert Brown

In their article published in the Journal of Bankruptcy Law titled, "Southern District of Texas Bankruptcy Court Finds LME Transactions Violated Credit Agreement, But Limits Recovery to Potential Claim in Robertshaw Litigation," Schulte Roth & Zabel partner Doug Mintz, special counsel Peter Amend and associate Robert Brown discuss a bankruptcy court decision holding that a prepayment of a term loan debt violated the plain terms of the credit agreement.

Aug 19, 2024 | mondaq.com | Douglas Mintz |Reuben E. Dizengoff

In their article for the Journal of Bankruptcy Law titled "US Supreme Court Rules on Purdue Pharma Chapter 11 Plan: No Authorization for Release of Nonconsensual Claims Against Third Parties," Schulte Roth and Zabel partner Doug Mintz and associate Reuben Dizengoff examine a significant bankruptcy ruling by the US Supreme Court.