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    Flip-clauses reconsidered: Lehman Court departs from previous safe harbor rulings
    2016-06-30

    Court holds that distributions made pursuant to priority payment provisions contained in CDO transactions are protected by Section 560 of the Bankruptcy Code

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Bankruptcy, Debtor, Collateral (finance), Security (finance), Safe harbor (law), Class action, Swap (finance), Liquidation, Default (finance), Collateralized debt obligation, Lehman Brothers cases, Bank of America, Lehman Brothers, United States bankruptcy court
    Authors:
    Brian D. Rance , Timothy Harkness , Linda H. Martin , Abbey Walsh
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer
    Three Point Shot - June 2016
    2016-06-22

    Showtime and Top Rank Slug It out over "Fight of the Century"

    Who said boxing was dead?

    Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl may at long last get the slugfest they have been waiting for. A couple of small caveats: Mayweather has ceded the spotlight to his home television network, Pacquiao to his promotion company, and the boxing ring to a courtroom.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Proskauer Rose LLP, Conflict of interest, Class action
    Authors:
    Robert E. Freeman , Wayne D Katz , Joseph M. Leccese
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Motion to dismiss Lehman-related securities class action denied
    2010-05-28

    Judge John Koeltl in the U.S. District Court for the Southern District of New York recently denied a motion to dismiss a securities class action arising, in part, from the Lehman Brothers bankruptcy filing.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Surety, Class action, Maturity (finance), Involuntary dismissal, Lehman Brothers cases, US Securities and Exchange Commission, Verizon Communications, Lehman Brothers, Securities Exchange Act 1934 (USA), US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Policy proceeds not property of bankruptcy estate because payment of proceeds would not affect estate assets
    2010-07-27

    The United States Bankruptcy Court for the District of Delaware has held that policy proceeds were not part of the insured entity’s bankruptcy estate because previous entity claims were dismissed with prejudice, it was highly speculative that the bankruptcy trustee would approve indemnification of directors and officers and the policy’s priority of payment provision provided that entity coverage was only available after payment of proceeds for direct coverage to insured persons. In re Downey Fin. Corp., 428 B.R. 595 (D. Del. Bankr. May 7, 2010).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Security (finance), Class action, Board of directors, Interest, Prejudice, Subsidiary, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Revisions to proposed amendments to Bankruptcy Rule 2019
    2010-08-18

    The Advisory Committee on Bankruptcy Rules recently issued a report to the Standing Committee on Rules of Practice and Procedure on amendments and new rules that were published for comment the previous year. The Advisory Committee’s report recommends substantial revisions to the amendments that were initially proposed to Bankruptcy Rule 2019. The revisions are responsive to the numerous comments, suggestions and objections made by hedge funds, institutional investors and other distressed debt investors.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Chadbourne & Parke LLP, Confidentiality, Bankruptcy, Class action, Interest, Discovery, Hedge funds, Testimony, Distressed securities, US House Committee on Rules, Constitutional amendment
    Authors:
    Young Yoo
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Automatic stay may be extended to enjoin non-debtors
    2010-08-18

    The automatic stay is one of the most fundamental bankruptcy protections. It enjoins the initiation or continuance of any action by any creditor against the debtor or the debtor’s property, including causes of action possessed by the debtor at time of the bankruptcy filing. The automatic stay offers this protection while bringing all of the debtor’s assets and creditors into the same forum, the bankruptcy court.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Fraud, Class action, Limited liability company, Liquidation, Conveyancing, Investment company, Securities fraud, Securities Investor Protection Corporation, Racketeer Influenced and Corrupt Organizations Act 1970 (RICO) (USA), Trustee, United States bankruptcy court
    Authors:
    Bonnie Dye
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Proof of falsity and materiality are not required at class certification stage
    2010-09-07

    SCHLEICHER v. WENDT (August 20, 2010)

    Conseco was a large financial services company traded on the New York Stock Exchange. It filed for bankruptcy in 2002 and successfully reorganized. This securities-fraud claim was filed against Conseco managers who are alleged to have made false statements prior to the bankruptcy. Then-District Judge Hamilton (S.D. Ind.) certified a class. Defendants appeal.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Private equity, Security (finance), Fraud, Class action, Causality, US Congress, New York Stock Exchange, Fifth Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Altered ego: new Ninth Circuit opinion overrules previously well-settled law regarding exclusive standing of bankruptcy trustees to pursue general claims on behalf of the estate
    2010-10-27

    On October 21, 2010, the Ninth Circuit overruled what many thought to be well-settled law, and held that a bankruptcy trustee does not have standing to pursue alter ego claims, at least in cases governed by California law. The court first held that California state law does not recognize a general alter-ego cause of action that allows an entity and its equity holders to be treated as alter egos for purposes of all of the entity’s debts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Injunction, Class action, Debt, Standing (law), Trustee, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Good news for mortgage lenders in consumer bankruptcy class actions
    2011-02-16

    While there has not been much good news for the mortgage banking industry coming out of bankruptcy courts in years, a recent opinion issued by the United States Court of Appeals for the Fifth Circuit provides not just good news, but very good news for mortgage lenders. The Fifth Circuit's opinion in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 609 F.3d 748 (5th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Costs in English law, Debtor, Class action, Federal Reporter, Mortgage loan, Wells Fargo, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    James H. White
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Supreme Court adopts amendments to Bankruptcy Rule 2019 on disclosure requirements for multiple creditors and equity security holders acting in concert in Chapter 11 cases
    2011-04-29

    On April 26, 2011, the Supreme Court of the United States adopted a completely revamped version of Rule 2019 of the Federal Rules of Bankruptcy Procedure to govern disclosure requirements for groups and committees that consist of or represent multiple creditors or equity security holders, as well as lawyers and other entities that represent multiple creditors or equity security holders, acting in concert to advance common interests in a chapter 9 or chapter 11 bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Bond (finance), Bankruptcy, Short (finance), Security (finance), Class action, Interest, Discovery, Swap (finance), Stakeholder (corporate), Solicitation, Credit default swap, Constitutional amendment, Trustee, Supreme Court of the United States
    Authors:
    Brad Eric Scheler , Jean E. Hanson , Gary L. Kaplan , Shannon Lowry Nagle , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP

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