Firms Publications

New York District Court Prohibits Trustee’s Use of Bankruptcy Code Avoiding Powers with respect to Certain Foreign Transactions

Wed, 07/09/2014 - 17:05

New York District Court Prohibits Trustee’s Use of Bankruptcy Code Avoiding Powers with respect to Certain Foreign Transactions

Categories: Insolvency News

Second Circuit Expected to Clarify Scope of Limitation On Trustee’s Avoiding Powers in Bankruptcy

Thu, 06/19/2014 - 11:24

Two appeals pending before the United States Court of Appeals for the Second Circuit could soon clarify the scope of the statutory limitation on the avoiding powers of the debtor or trustee in bankruptcy under section 546 of the U.S. Bankruptcy Code where individual creditors pursue state-law avoidance actions against recipients of pre-bankruptcy transfers of property of the debtor, including transfers made in connection with swap agreements and securities contracts.

U.S. Supreme Court clarifies jurisdictional limits on bankruptcy courts, after Stern v. Marshall (but key questions remain . . . )

Tue, 06/10/2014 - 18:58

This bulletin discusses the U.S. Supreme Court’s June 9, 2014, decision in Executive Benefits Insurance Agency v. Arkison. 

Lehman Brothers International (Europe)

Thu, 05/08/2014 - 11:46

On 11 April 2014, the administrators of Lehman Brothers International (Europe) (LBIE) circulated their eleventh progress report (the Report) for the period from 15 September 2013 to 14 March 2014 to all known creditors and counterparties. Since then, there have been a number of announcements from the LBIE administrators. This bulletin summarises some of the key issues raised in the Report and the announcements. Interested parties are encouraged to read the whole Report for more details on these issues.