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    Fourth Circuit examines swap agreements subject to Bankruptcy Code safe harbors
    2009-06-24

    In Hutson v. E.I. du Pont de Nemours & Co.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Fraud, Natural gas, Safe harbor (law), Swap (finance), Commodity, Maturity (finance), Systemic risk, Title 11 of the US Code, DuPont, United States bankruptcy court, Fourth Circuit, Trustee
    Authors:
    Mark C. Ellenberg , Leslie W. Chervokas
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Preferential transfer claims are not subject to pre-petition arbitration agreements
    2008-09-30

    In Bethlehem Steel Corp. v. Moran Towing Corp. (In re Bethlehem Steel Corp.),1 the United States Bankruptcy Court for the Southern District of New York held that preferential transfer claims were not arbitrable. The Court reasoned that because the avoidance powers did not belong to the debtor, but rather were creditor claims that could only be brought by a trustee or debtor-in-possession, they were not subject to the arbitration clauses in contracts to which the creditors were not parties.

    The Dispute and the Arbitration Clauses

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Security (finance), Arbitration clause, Liquidation, Debtor in possession, Title 11 of the US Code, US Congress, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware bankruptcy court severs servicing rights from safe harbored repo
    2008-01-31

    Congress enacted amendments to the United States Bankruptcy Code in 2005 designed to increase certainty in the marketplace for mortgage loan repurchase agreements and other financial contracts.1 The contours – and limits – of these amendments were recently explored by the Delaware bankruptcy court in Calyon New York Branch v. American Home Mortgage Corp.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Security (finance), Safe harbor (law), Preliminary injunction, Mortgage loan, Default (finance), Secured loan, Title 11 of the US Code, US Congress, JPMorgan Chase, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Partnership bankruptcy tax issues©
    2015-06-26

    Bankruptcies and restructurings involving partners and partnerships1 raise a number of unique tax issues. While the Internal Revenue Service (the “IRS”) has provided guidance with respect to a number of these issues, a surprising number of unresolved issues remain. The first part of this outline summarizes the state of the law with respect to general tax issues that typically arise in connection with partner and partnership bankruptcies and restructurings. The balance of the outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized. II.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Cadwalader Wickersham & Taft LLP, Bankruptcy, Internal Revenue Code (USA), Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The Devil (Dog) ® is in the details: Bankruptcy Court denies hostess’s motion to reject collective bargaining agreements on narrow factual grounds
    2012-06-08

    The recent bankruptcy case of Hostess has centered on Hostess’s attempts to reject collective bargaining agreements with its unions.  Hostess has emphasized that realigning labor costs is essential to its ability to successfully reorganize.  Section 1113 of the Bankruptcy Code sets forth detailed requirements that a debtor must meet to modify or reject CBAs.  Bankruptcy courts’ ultimate decision to authorize rejection of a CBA frequently turns on a detailed examination of the evidence presented in support of the rejection motion.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collective bargaining, NLRA, United Steelworkers, United States bankruptcy court
    Authors:
    Audrey Aden Doline
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The Third Circuit reaffirms jurisdictional limits on third party injunctions
    2010-10-27

    In the W.R. Grace bankruptcy, the United States Court of Appeals for the Third Circuit recently reaffirmed its prior rulings on the controversial issue of a bankruptcy court’s power to enjoin actions by third parties against non-debtors.1 Resting on prior precedent, the Third Circuit held that bankruptcy courts lack subject matter jurisdiction to enjoin third party actions that have no direct effect upon the bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Common law, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, United States bankruptcy court, Third Circuit
    Authors:
    Andrew M. Greenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Southern District of New York Bankruptcy Court reaffirms validity of gifting plans
    2010-02-10

    Introduction

    The United States Bankruptcy Court for the Southern District of New York ruled recently on the validity of “gift plans” – plans of reorganization under which a senior creditor “gifts” assets to a junior creditor or equity holder.1 In In re Journal Register Co.,2 Bankruptcy Judge Alan L. Gropper approved a plan in which secured lenders gifted a portion of their recovery to certain trade creditors, and detailed some of the important limitations on gift plans.

    Evolution of the Gift Plan Doctrine

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Dividends, Discrimination, Liquidation, Secured loan, Internal Revenue Service (USA), Second Circuit, United States bankruptcy court, Third Circuit
    Authors:
    Joseph Zujkowski
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Strategies for distressed gaming enterprises (part I)
    2009-06-24

    The current economic recession has, not surprisingly, led to a significant downturn in the domestic gaming industry. During 2008, revenue growth in the U.S. gaming industry turned negative for the first time in four years. Data for the first quarter of 2009 indicate that the monthly gaming revenues of casinos in Las Vegas and Atlantic City declined more than 15% as compared to the first quarter of last year.1 Public gaming company stock prices are down more than 80% on average, and many gaming companies have postponed or canceled development projects.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Market liquidity, Option (finance), Debt, Maturity (finance), Casino, Corporate bond, Secured loan, Title 11 of the US Code
    Authors:
    Scott J. Greenberg , Joseph Zujkowski
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Court enforces pre-petition waiver of automatic stay
    2008-09-30

    In In re Bryan Road LLC,1 the United States Bankruptcy Court for the Southern District of Florida considered whether a waiver of the automatic stay provision included in a prepetition workout agreement is enforceable in the debtor’s subsequent bankruptcy. The Bankruptcy Court enforced the waiver and held the creditor was not bound by the automatic stay after engaging in a four-factor analysis of the agreement and the circumstances surrounding its execution. The Bankruptcy Court cautioned, however, that relief from stay provisions are neither per se enforceable nor self-executing.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Waiver, Interest, Consideration, Mortgage loan, Foreclosure, Bad faith, Refinancing, Default (finance), Capital punishment, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    American Home court excludes servicing from safe harbors
    2008-01-08

    January 8, 2008 A Delaware bankruptcy court decided on Friday that mortgage servicing rights could be severed from a mortgage loan repurchase agreement that fell within applicable safe harbors of the Bankruptcy Code, at least where the loans were transferred “servicing retained.” The decision isCalyon New York Branch v. American Home Mortgage Corp., et al. (In re American Home Mortgage Corp.), Bankr. Case No. 07-51704 (CSS) (Bankr. D. Del. Jan. 4, 2008).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Security (finance), Safe harbor (law), Market liquidity, Mortgage loan, US Code, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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