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Old is new again: courts rely on Trust Indenture Act of 1939 to limit nonconsensual out-of-court restructurings

In a pair of recent decisions,1two federal courts in the Southern District of New York have broadly interpreted Section 316(b) of the Trust Indenture Act (“TIA”)2to limit the ability of parties to strip guarantees from dissenti

USA, Insolvency & Restructuring, Baker Botts LLP
Bankruptcy Court finds debtor entitled to a "free house" because mortgage foreclosure complaint barred by New Jersey statute of limitations

Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov.

USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Statute of limitations, Mortgage loan, Foreclosure, United States bankruptcy court