Fulltext Search
Delaware Bankruptcy Court Dismisses Committee’s Complaint Challenging Portion of Credit Bid

The Bottom Line

USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Fourth Amendment, US District Court for District of Delaware
Texas Court Declines to Adopt Rule Holding Violation of Law Is Per Se Bad Faith in Fraudulent Transfer Actions

The Bottom Line

The District Court for the Northern District of Texas recently held in Segner v. Ruthven Oil & Gas, LLC, No. 3:12-CV-1318-B, 2018 WL 3155827 (N.D. Tex. June 28, 2018) that failure to comply with a disclosure law when documenting a transaction does not deprive a defendant in a fraudulent transfer action from asserting a good faith defense.

What Happened?

USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, US District Court for Northern District of Texas
Bankruptcy Court Holds That Termination of Lease Does Not Equal Termination of Estate Property

The Bottom Line

USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
Delaware Bankruptcy Court Upholds Bankruptcy Code Pre-emption Invalidating Pre-Petition Claims as Part of Post-Petition KERP

The Bottom Line

USA, Delaware, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
Supreme Court Is Asked To Leave Its Mark On Trademark Licensee’s Rights in Bankruptcy

The Bottom Line

USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, First Circuit
Ninth Circuit Affirms Creditors’ Ability to Buy Blocking Position of Unsecured Claims

The Bottom Line

USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Ninth Circuit
Trademark Licensee Retains Rights Post-Rejection

The Bottom Line

USA, Connecticut, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, United States bankruptcy court
When a Bankruptcy Plan Precludes Inquiry Into the Conduct of a Trustee

In yet another of the many cases against Residential Mortgage Backed Securities (RMBS) trustees for their alleged responsibility for losses suffered by investors, Judge Jesse Furman of the Southern District of New York precluded inquiry into the conduct of the trustee where a bankruptcy plan intervened. The plaintiffs were caught in a bind. Alleging misfeasance by the trustee prior to the commencement of the bankruptcy case would have been barred by the statute of limitations. Allegations of misfeasance subsequent to the commencement of the case were swept away by confirmation of the plan.

USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
Opportunistic CDS Strategies Available to CDS Protection Sellers Part II: McClatchy and Sears

In the first article of this two-part series on sell-side opportunistic engineering in the CDS market, we surveyed a number of strategies that could be used by sellers of CDS protection to create sell-side gains. In this second part, we analyze two recent situations where a proposed refinancing dramatically affected the CDS market for the reference entity because of the reduction in the sell-side risk. Although these cases may or may not have been driven by CDS considerations, they illustrate how sell-side CDS strategies may be effectively implemented.

USA, Derivatives, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Credit default swap
Opportunistic CDS Strategies Available to CDS Protection Sellers Part I: An Introduction

Over the past few years, the CDS market has seen an increase in activism and the evolution of creative refinancing and restructuring strategies intended to achieve particular outcomes in the CDS market.

USA, Derivatives, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP