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1
The Reach Of Avoidance – Second Circuit Court Of Appeals Holds In Madoff That Bankruptcy Code Can Be Used To Recover Subsequent Extraterritorial Transfers
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...
United States
23 Apr 2019
2
An Interesting Decision: Fifth Circuit Questions Whether Make-Wholes Should Be Disallowed As ‘Unmatured Interest'
On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that "impairment" under a plan of reorganization does not arise even if a creditor is paid less...
United States
5 Mar 2019
3
We, The Releasees (Redux): Delaware District Court Holds That Bankruptcy Court Had Constitutional Authority To Approve Nonconsensual Third-Party Releases
On September 21, 2018, the United States District Court for the District of Delaware issued a decision holding that the Bankruptcy Court had constitutional authority to approve the nonconsensual...
United States
17 Oct 2018
4
A Moot Point: Court Of Appeals For The Eleventh Circuit Holds That The Doctrine Of Equitable Mootness Is Applicable In A Chapter 9 Bankruptcy Case
The consummation of a plan of reorganization typically involves a series of complex actions by the debtor and its stakeholders.
United States
4 Oct 2018
5
A Matter Of Preference: Court Of Appeals For The Eleventh Circuit Holds That The Bankruptcy Code Does Not Require New Value To Remain Unpaid For A Creditor To Avail Itself Of The Defense
On August 14, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision holding that section 547(c)(4) of the Bankruptcy Code ...
United States
7 Sep 2018
6
Ya Gotta Have [Good] Faith: Court Of Appeals For The Ninth Circuit Holds That In The Context Of Plan Voting, A Bad Faith Showing Requires More Than A Negative Impact On Creditors
When it comes to voting on a plan, Section 1126(e) of the Bankruptcy Code provides that a bankruptcy court may designate (or disallow) ...
United States
24 Jul 2018
7
Not So Safe: The Supreme Court Clarifies The Scope Of The Bankruptcy Code's Section 546(E) Safe Harbor Provision
Section 546(e) of the Bankruptcy Code shields certain transfers involving settlement payments and other payments in connection with securities contracts (for example, payment for stock) ...
United States
8 Mar 2018
8
(Make) Wholly Moly: U.S. Court Of Appeals For The Second Circuit Upholds Ruling Denying Noteholders' Entitlement To A Make-Whole Payment
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
United States
15 Nov 2017
9
A Decision Of Interest: U.S. Court Of Appeals For The Second Circuit Opines On The Proper Interest Rate Under The Cramdown Provisions Of Chapter 11
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued an important decision regarding the manner in which interest must be calculated to satisfy the cramdown ...
United States
15 Nov 2017
10
We, The Releasees: Delaware Bankruptcy Court Holds That It Had Constitutional Authority To Approve Nonconsensual Third-Party Releases
On October 3, 2017, Bankruptcy Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware issued a decision holding that the Bankruptcy Court...
United States
9 Nov 2017
11
Roust's Rapid Road To Confirmation: Confirmation Of A Prepackaged Plan In The Southern District Of New York In Less Than A Week—Have The Floodgates Opened?
In less than a week after its bankruptcy filing, a debtor was able to obtain confirmation of its prepackaged plan of reorganization in the Bankruptcy Court for the Southern District of New York.
United States
9 Feb 2017
12
EFIH Noteholders Find Redemption For The Payment Of Make-Whole Premiums
In its reversal of the Delaware Bankruptcy Court and Delaware District Court, the Third Circuit focused largely on the distinction that the payment in question was tied to a "redemption" of the bonds...
United States
24 Nov 2016
13
Not So Safe After All?
United States Bankruptcy Court for the District of Delaware Holds That Litigation Trustee May Pursue State Law Fraudulent Conveyance Claims, Notwithstanding Bankruptcy Code Safe Harbors.
United States
15 Aug 2016
14
Judge Chapman Flips The Script
Lehman was party to numerous synthetic CDO transactions, whereby Lehman entered into swap agreements with special purpose vehicles that, in turn, issued notes to various classes of noteholders.
United States
15 Aug 2016
15
Delaware Bankruptcy Court Invalidates On Public Policy Grounds A "Golden Share" Provision In LLC Agreement Designed To Limit LLC's Ability To File For Bankruptcy
Intervention Energy, LLC ("IE") and its parent entity, Intervention Energy Holdings, LLC ("IEH") (collectively, the "Debtors), are privately-held Delaware LLC's engaged in oil and natural gas exploration and production.
United States
24 Jun 2016
16
United States Supreme Court Expansively Interprets "Actual Fraud" Bankruptcy Discharge Exception
The facts of the case centered around a series of transfers made by Daniel Lee Ritz, Jr., a director of Chrysalis Manufacturing Corp.
United States
27 May 2016
17
Making The Safe Harbors Safe Again
In a March 29, 2016 decision, the United States Court of Appeals for the Second Circuit (the "Court of Appeals") held that creditors are preempted from asserting state law constructive fraudulent conveyance claims...
United States
9 May 2016
18
United States Bankruptcy Court For The Southern District Of New York Holds That Avoidance Powers Can Be Applied Extraterritorially, Resulting In A Split Within The Southern District Of New York
On January 4, 2016, the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") deviated from SDNY precedent...
United States
8 Feb 2016
19
United States Court Of Appeals For The Second Circuit Holds That Claims Arising From Securities Of A Debtor's Affiliate Must Be Subordinated To Senior Or Equal Claims Of The Same Type As The Underlying Securities
On December 14, 2015, the United States Court of Appeals for the Second Circuit held that claims arising from securities of a debtor's affiliate must be subordinated to all claims or interests...
United States
7 Jan 2016
20
United States Bankruptcy Court For The Southern District Of New York Identifies New Jurisdictional Hook To Provide Chapter 15 Relief To Foreign Debtors
On October 28, 2015, the United States Bankruptcy Court for the Southern District of New York issued a decision that significantly expands the jurisdictional bases that foreign issuers can rely upon to obtain relief in the United States under Chapter 15 of the Bankruptcy Code.
United States
16 Nov 2015
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