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Searching Content indexed under Charges, Mortgages, Indemnities by Brian Trust ordered by Published Date Descending.
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Lehman Bankruptcy Court Holds That Pre-Petition Collateral Transfers And Guaranties to Clearing Bank are Safe Harbored
On April 19, 2012, the Lehman bankruptcy court handed down its decision on the long-pending motion to dismiss filed by JPMorgan Chase Bank, N.A., in response to Lehman Brothers Holdings Inc.’s $8.6 billion avoidance action against it.
United States
27 Apr 2012
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Commercial Paper Redemption "Safe Harbored" from Preference Liability per Second Circuit Court of Appeals
The US Court of Appeals for the Second Circuit recently held that redemptions of commercial paper made through the Depositary Trust Company (DTC) are entitled to the "safe harbor" protections afforded to settlement payments under Bankruptcy Code Section 546(e), and are, therefore, not preferential transfers, even though such payments were made prior to maturity.
United States
15 Jul 2011
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In Re Philadelphia Newspapers, LLC – Uprooting Three Decades of Secured Creditor’s Expectations?
Credit bidding by a senior secured creditor—offsetting the amount of the creditor’s debt against the purchase price instead of bidding in cash for the sale assets – is a right guaranteed by statute (Section 363(k)) in sales under Section 363 of the Bankruptcy Code, except in extraordinary situations when the bankruptcy court, for "cause," specifically orders otherwise.
United States
2 Apr 2010
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