By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP On January 4, …
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Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
By Donald Bernstein, Elliot Moskowitz, Damian Schaible, Eli Vonnegut, Alicia Llosa Chang, and Tina Hwa Joe of Davis Polk & …
Tighter Standards Emerge For Pleading Intentional Fraudulent Transfer Claims
By Mark Chehi, Robert Weber and Stephen Della Penna of Skadden, Arps, Slate, Meagher & Flom LLP The U.S. Bankruptcy Court for …
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The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
By Jay Lawrence Westbrook and Kelsi Marie Stayart, University of Texas at Austin School of Law A traditional case law test has …
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Lehman’s Derivative Portfolio
By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …
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
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP Lehman …
The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table
By Mark J. Roe, Harvard Law School The Trust Indenture Act’s ban on restructuring payment terms via a vote has come to the fore …
WSJ Examiners – Claims Trading
Does claims trading impede chapter 11 reorganizations? And, if so, would disclosure of additional information about traded claims …
House Judiciary Committee Approves Bill to Amend Chapter 11 for Financial Institution Bankruptcies
On February 11, 2016, the House of Representatives Judiciary Committee approved H.R. 2947—the Financial Institution Bankruptcy Act …
National Bankruptcy Conference Proposed Amendments to Bankruptcy Code to Facilitate Restructuring of Bond and Credit Agreement Debt
By National Bankruptcy Conference, Richard Levin, Chair While chapter 11 facilitates prepackaged plans that substantially reduce …
Business Bankruptcy and Restructuring: 2015/2016
By Harold S. Novikoff, et al., Wachtell, Lipton, Rosen & Katz Prior to 2015, corporate defaults and bankruptcy filings were …
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Taking a Deeper Look into Momentive
By Michael Vitti, Duff & Phelps Much has been written about Momentive. Nevertheless, some relevant questions are not often …
10th Circuit Holds That First Time Transaction Falls Within 11 U.S.C. 547 (c)(2), Ordinary Course of Business Defense
By Purvi Shah and Michelle McMahon of Bryan Cave In re C.W. Mining. Co., the United Stated Circuit Court of Appeals for the Tenth …
Earth to Creditors: Triangular Payment Arrangements May Constitute “Reasonably Equivalent Value”
By Bryce Suzuki and Amanda Cartwright of Bryan Cave The Eleventh Circuit Court of Appeals recently clarified the meaning of …
Happy Holidays
We here at the Bankruptcy Roundtable wish you all happy holidays. We’ll be back in January. …
Rights of Creditors Will be Determined by Contract Terms and Fraudulent Conveyance Statutes—Quadrant v. Vertin
By Abigail Pickering Bomba, Steven Epstein, Arthur Fleischer, Jr., Peter S. Golden, Brian T. Mangino, J.Christian Nahr, Philip …
Purchasing Claims and Changing Votes: Establishing “Cause” under Rule 3018(a)
By Amir Shachmurove Chapter 11 of the Bankruptcy Code gives creditors whose rights will be impaired the right to vote to accept …
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Cram-down interest rates in controversy
By Maxwell Tucker of Squire Patton Boggs The correct method to determine the adequacy of the “cram-down” interest rate offered …
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WSJ Examiners — Insider Pay in Bankruptcy
The Wall Street Journal’s Bankruptcy Beat recently focused on the ever-controversial topic of executive pay. Reflecting on a …
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Restructuring the European Business Enterprise: The EU Commission Recommendation on a New Approach to Business Failure and Insolvency
By Horst Eidenmueller and Kristin van Zwieten, University of Oxford In 2014, the European Commission issued a recommendation on …