Cadwalader Wickersham & Taft LLP

Discharge injunction does not bar known creditor who did not receive adequate notice of bar date or confirmed plan

31 October 2008

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Statements made on record by principal of debtors not enforceable by lenders

31 December 2008

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Delaware Bankruptcy Court refuses to grant administrative claim status to employee WARN Act claims

31 December 2008

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Section 304 injunction channels creditor’s guaranty claim to foreign proceeding for adjudication under foreign law, notwithstanding New York choice of law provision

31 December 2008

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Delaware Bankruptcy Court decision in SemCrude poses setback to triangular set-off

16 January 2009

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LBO payments for privately-held company not subject to avoidance

30 January 2009

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Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress

30 January 2009

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Continued viability of “earmarking doctrine” defense to preference actions affirmed by Fifth Circuit

30 January 2009

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Recent circuit court equitable subordination decisions emphasize requirement that misconduct result in actual harm to other parties

30 January 2009

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Urban Communicators ruling overturned: secured lenders entitled to presumption of post-petition interest at contract rates

30 January 2009

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