In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by holding that make-whole premiums can be enforceable even if the debt was automatically accelerated by a voluntary bankruptcy filing.
USA, New York, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Second Circuit, Third Circuit
A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation,1 represents a significant victory for shareholders who may get cashed out in connection with a leveraged transaction that precedes a company bankruptcy.
USA, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP, Shareholder, Leveraged buyout, Second Circuit