Searching Content indexed under Trusts by Kramer Levin Naftalis & Frankel LLP ordered by Published Date Descending.
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Did You Choose The Right Trustee?
Selecting the right trustee to administer the property you have placed in a trust is an important decision, and can be more difficult than choosing the executor who will administer your estate.
United States
19 Jul 2018
Are There Limits To The Remedial Powers Of An Indenture Trustee?
In the recent case of Cortlandt St. Recovery Corp. v. Bonderman (NY Ct. Ap. Feb. 20, 2018), the New York Court of Appeals addressed the question of the limits on the authority of an indenture trustee to...
United States
5 Apr 2018
Compelling A Muni Indenture Trustee To Arbitrate Before FINRA
A recent decision out of the federal district court in Nevada, BOKF, NA v. Estes D. Nev. March 2, 2018), addressed the interesting question of whether an indenture trustee for municipal bonds could be compelled...
United States
5 Apr 2018
Benefits Of Trusts Over 529 Plans And UTMA (Custodial) Accounts For Children And Grandchildren
When parents and grandparents (or other generous benefactors) want to transfer wealth to a minor child, the primary decision they will face is whether to set up a Section 529 Plan ...
United States
13 Mar 2018
Fifth Circuit Affirms Dismissal Of Claims Relating To Pre-Petition Payments To D&O's
The Fifth Circuit, in In the Matter of: ATP Oil & Gas Corp. (Tow v. Bulmahn, et. al.), dismissed breach of fiduciary duty claims and fraudulent transfer claims brought by a chapter 7...
United States
1 Dec 2017
Debt Dialogue: April 2017
This month's issue of Debt Dialogue addresses issues of disclosure and contract interpretation, enforcement in the muni bond space, accounting for trustee fees, and more.
United States
8 May 2017
Debt Dialogue: February 2017
This month's issue of Debt Dialogue addresses the Second Circuit's recent Marblegate decision, the controversy generated by last year's Cash American decision, and payment of indenture trustee fees...
United States
10 Mar 2017
On The Continuing Viability Of Debt-For-Debt Exchange Offers
In a recent decision in the Southern District of New York, the court addressed a challenge to a secured-for-unsecured debt exchange offer that raised and answered a host of questions...
United States
3 Jan 2017
Debt Dialogue: November 2016
This month's issue of Debt Dialogue address developments in areas of debt, taxation, settlement cycles for securities and bank debt and securities law enforcement for muni debt.
United States
21 Nov 2016
Non-Contractual Claims Of Noteholders: Who Can Bring Them And How Must They Be Brought?
In dismissing the trustee's non-contractual claims, the Supreme Court held that the indenture did not authorize the trustee to pursue such claims under its own volition.
United States
25 Oct 2016
Where Parties Have Free Rein To Amend, Anything Goes
Along the way, Justice Eileen Bransten dealt with a variety of other issues of perennial interest.
United States
19 Aug 2016
Trust Indenture Act Litigation By Plaintiff Firms May Interfere With Out-Of-Court Restructurings
The threat of litigation may give minority bondholders a powerful tool to hinder less than fully consensual out-of-court restructurings and provide them with increased leverage in negotiations.
United States
19 Aug 2016
No Turnover Of The Make-Whole Amount In The EFH Bankruptcy
In a pair of decisions in 2015, the United States Bankruptcy Court of the District of Delaware determined that neither the first lien notes trustee nor the second lien notes trustee of EFIH was entitled to receive a make-whole on the repayment of the corresponding indebtedness.
United States
18 Aug 2016
The Power Of A Negation Clause
Using a typical trust-preferred financing structure, United Financial Holdings Inc., an Illinois bankholding company, created United Financial Holdings Trust I, a Delaware statutory trust.
United States
25 Jul 2016
Reporting Requirements Under French Law For Trusts With Connections To France
French legislation enacted in 2011 imposed reporting requirements on trustees and changed the treatment of trusts for purposes of income, gift, succession and wealth tax, and established a new special trust tax.
11 Jul 2016
Duties Of A Trustee Prior To Default: A Tale Of A Lapsed UCC Filing
A typical bond indenture provides that prior to the incurrence of an event of default, a trustee's obligations are limited to those specifically set forth in the indenture.
United States
20 Jun 2016
Implied Right Of Action Against Trustees Under The TIA
In Bank of New York Mellon , the plaintiffs were a group of investors in 260 RMBS trusts created between 2004 and 2008 and originally secured by loans valued at more than $176 billion.
United States
20 Jun 2016
No-Action Clauses In Lawsuits Against The Trustee
BlackRock Core Bond Portfolio is yet another one of the cases arising out of the RMBS meltdown in the latter half of the preceding decade that are wending their way through the trial courts.
United States
20 Jun 2016
Creation In France Of A Public Register Of Trusts
France will put on on-line a "public register of trusts", an unprecedented initiative permitting public access to personal information on settlors, beneficiaries and trustees.
1 Jun 2016
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