Home Scam/Fraud Business Restructuring Review | May–June 2021 | Jones Day

Business Restructuring Review | May–June 2021 | Jones Day

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In This Issue:

First Impressions: Third Circuit Scuttles Triangular Setoff in Bankruptcy

In In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit ruled as a matter of first impression that “triangular setoff” does not satisfy the Bankruptcy Code’s “mutuality” requirement. [read more …]

Should Equitable Mootness Bar Appeals Only of Chapter 11 Plan Confirmation Orders?

As demonstrated by a ruling recently handed down by the U.S. District Court for the Northern District of Texas, courts disagree on whether equitable mootness should apply only to appeals of plan confirmation…

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