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Intercreditor Agreements After Momentive: When A Hindrance Is Not A "Hindrance"
Intercreditor agreements—contracts that lay out the respective rights, obligations and priorities of different classes of creditors...
United States
18 Dec 2018
2
Supreme Court Upholds Secured Lenders’ Right to Credit Bid in Sale Of Collateral Under Plan of Reorganization
The U.S. Supreme Court has ruled that a secured creditor cannot be denied its right to "credit bid".
United States
31 May 2012
3
Tousa III, Lenders Beware? Eleventh Circuit Upholds Bankruptcy Court’s Original Fraudulent Transfer Decision
On May 15, 2012, the Eleventh Circuit Court of Appeals (the "Circuit Court") issued an opinion in In re TOUSA, Inc., in which it affirmed the original decision of the bankruptcy court and reversed the appellate decision of the district court.
United States
18 May 2012
4
Lehman Bankruptcy Court Denies Contractual Right To Three-Party Setoff In Bankruptcy
The Bankruptcy Court for the Southern District of New York has held that a cross-affiliate netting provision in an ISDA swap agreement is unenforceable in bankruptcy.
United States
6 Oct 2011
5
New York District Courts Differ Regarding The Scope Of The Bankruptcy Code’s "Safe Harbors" For Protected Contracts
The District Court for the Southern District of New York recently issued an opinion in Picard v. Katz, et al., (In re Bernard L. Madoff Investment Securities LLC), which limits avoidance actions against a debtor-broker’s customers to those arising under federal law based on actual, rather than constructive, fraud.
United States
6 Oct 2011
6
US Second Circuit: Gift Plans Impermissible Under Absolute Priority Rule
On February 7, 2011, in a highly anticipated decision, the Second Circuit Court of Appeals held that in Chapter 11 reorganizations, senior creditors may not "gift" recoveries to junior creditors and/or equity interest holders over the objection of an intervening class.
United States
18 Feb 2011
7
Viability of Guaranty "Savings Clauses" Questioned by Florida Bankruptcy Court Decision
To promote equal treatment of creditors, the US Congress has armed debtors with the power to bring suit to recover a variety of pre-bankruptcy transfers.
United States
7 Dec 2009
8
Unsecured Creditors May Claim Post-Petition Attorneys’ Fees
In a decision that will be of great interest to the creditor community, the US Court of Appeals for the Second Circuit held, on November 5, 2009, that the Bankruptcy Code does not bar an unsecured claim for post-petition attorneys' fees that was authorized under a valid prepetition contract.
United States
25 Nov 2009
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