Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Michele Maman ordered by Published Date Descending.
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The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan ("Plan")1
United States
12 Sep 2019
The District Court In Tribune Circumscribes Merit And Maintains Section 546(E) Safe Harbor Protection For Shareholders In The Wake Of A Failed LBO
Last year, the Supreme Court issued its decision in Merit,1 unanimously ruling that a buyout transaction between private parties did not qualify for "safe harbor" ...
United States
4 Jun 2019
District Court Holds That Receipt Of Reorganized Stock Did Not Violate Turnover And Standstill Provisions In Intercreditor Agreement
On November 30, 2018, Judge Nelson S. Román of the United States District Court for the Southern District of New York issued a decision affirming the dismissal of certain claims brought by senior secured creditors.
United States
3 Jan 2019
SDNY Dismisses Involuntary Bankruptcy Petition Against Non-Recourse Vehicle
On November 8, 2018, the U.S. Bankruptcy Court for the Southern District of New York dismissed an involuntary petition filed against Taberna Preferred Funding IV, Ltd.
United States
29 Nov 2018
Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed By The Bankruptcy Code, Not By Intercreditor Agreement Waterfall
On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy...
United States
30 Mar 2016
TCEH Bankruptcy: SDNY Transfers Delaware Trust Company V. Wilmington Trust N.A. Intercreditor Dispute To Delaware Bankruptcy Court, Reaffirming Broad View Of Bankruptcy Jurisdiction - Update
The decision is important because it reaffirms the often challenged principle that contractual disputes between creditors may qualify as "core" proceedings...
United States
9 Nov 2015
Buyer (And Its Creditors) Beware: Semcrude District Court Finds That Purchasers Took Oil And Gas Free And Clear Of Producers' Liens
Although almost eight years have lapsed since the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P. were confirmed, many of the issues at the forefront of those cases are re-emerging...
United States
20 Oct 2015
Illinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis
Illinois law establishes retirement plans for all public employees in the State, including those employed by the City of Chicago.
United States
30 Jul 2015
Trust Indenture Act Of 1939: A Sleeping Statute Comes Back To Life
In December 2014 and January 2015, the U.S. District Court for the Southern District of New York issued two separate decisions involving the Trust Indenture Act of 1939.
United States
20 May 2015
Committee Members’ Professional Fees And Expenses: To Pay Or Not To Pay, That Is The Question
The United States District Court for the Southern District of New York entered a decision in Davis v. Elliot Management Corp., et al. (In re Lehman Bros. Holdings Inc.).
United States
24 Sep 2014
Court Holds That Stockton Is Eligible To File For Chapter 9
On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection under chapter 9 of the Bankruptcy Code.
United States
14 Apr 2013
Bankruptcy Court Refuses To Send Cash Collateral Dispute To Arbitration
Because of the fundamentally core nature of the cash collateral dispute, Judge Drain held that he had the authority to exercise his discretion and deny ACE's arbitration demand.
United States
5 Mar 2013
In re Hostess Brands, Inc.: Southern District Of New York Bankruptcy Court Refuses To Send Cash Collateral Dispute To Arbitration
On November 5, 2012, the debtors, Hostess Brands, Inc. and certain affiliates, filed a motion for authority to use the cash collateral of ACE American Insurance Company, pursuant to sections 363, 361, and 105 of the Bankruptcy Code.
United States
9 Feb 2013
KB Toys: Delaware Bankruptcy Court Weighs In On Claims Trading
On May 4, 2012 Judge Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware held that a claim against a debtor’s estate, transferred to a third party, is subject to the same infirmities as in the hands of the original holder of the claim.
United States
20 Jun 2012
Delaware’s Not So Safe Harbors: Third Circuit Bankruptcy Court Declines To Rule That A Payment On A Letter Of Credit Is An Avoidance-Proof "Settlement Payment"
On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute "settlement payments" protected from avoidance under section 546(e) of the Bankruptcy Code.
United States
24 Apr 2012
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