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Space Business Review - June 2016
A monthly round-up of space industry developments for the information of our clients and friends.
United States
5 Aug 2016
2
SDNY Bankruptcy Court Holds Fraudulent Conveyance Recovery Not Limited To Value Of Creditor Claims, But Confirms Some Limits
The Bankruptcy Court for the Southern District of New York held recently that § 550 of the Bankruptcy Code does not limit the potential recovery on fraudulent transfer claims to the amount of unpaid creditor claims against a debtor’s estate.
United States
6 Feb 2012
3
Contractual Subrogation In Bankruptcy And The Right To Vote
A US District Court recently issued an opinion holding that a provision in an intercreditor agreement subrogating a senior lender to the rights of a junior lender extends to the right of such junior lender to vote on a chapter 11 plan of reorganisation in the borrower’s bankruptcy case.
United States
14 Oct 2011
4
In Re Enron: Second Circuit Expands "Settlement Payment" Exemption To The Redemption Of Commercial Paper (And Beyond?)
The authors of this article discuss a Court of Appeals for the Second Circuit case that expands on previous appellate decisions broadly construing the scope of the § 546(e) exemption, and that has significant implications for bankruptcy cases nationwide.
United States
10 Oct 2011
5
Seventh Circuit Affirms Bankruptcy Court Ruling That Sale Of Assets Through Plan May Not Use "Indubitable Equivalent" Standard To Prevent Secured Creditors From Credit Bidding
The Seventh Circuit recently issued an opinion1 in the bankruptcy case of River Road Hotel Partners, LLC disagreeing with the Third Circuit’s holding in In re Philadelphia Newspapers, LLC2 regarding a free-and-clear sale of assets under a Chapter 11 plan that denied a secured creditor the right to credit bid.
United States
10 Oct 2011
6
DC And Seventh Circuits Split From Second Circuit: Allow For Corporate Liability Under Alien Tort Statute
This article describes two recent decisions from appellate courts that allow for corporate liability under the Alien Tort Statute.
United States
10 Oct 2011
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