Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Lehman decision limits setoff rights in ISDA Master Agreements
    2010-05-07

    On May 5, 2010, the United States Bankruptcy Court for the Southern District of New York issued a decision declaring that a party’s right to setoff in an ISDA Master Agreement is unenforceable in bankruptcy unless strict mutuality exists. (Decision and Order).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Debtor, Safe harbor (law), Debt, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jonathan P. Guy , Thomas C. Mitchell
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    The next Chapter (11) in buying distressed hotels: bankruptcy sales
    2010-05-19

    These are tough times in the hotel business. The recession has squeezed room rates and net operating income. The credit crunch means new borrowing is available only at lower loan to value ratios near 50%, on already beaten down values. At the same time, many tens of billions of dollars of existing hotel loans are maturing or otherwise in default, leaving the owners with little ability to sell or refinance at for amounts sufficient to pay off existing debt.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Farella Braun + Martel LLP, Bankruptcy, Debt, Foreclosure, Collective bargaining agreements, EBITDA, Refinancing, Default (finance), Secured loan, Credit crunch, Title 11 of the US Code
    Authors:
    Dean M. Gloster , Gary Kaplan
    Location:
    USA
    Firm:
    Farella Braun + Martel LLP
    Lehman Brothers ruling calls into question enforceability of cross-affiliate netting in bankruptcy
    2010-05-18

    The U.S. Bankruptcy Court for the Southern District of New York recently issued an opinion in the case of In re Lehman Brothers Holdings Inc. that significantly restricts the scope of setoff rights for energy traders and other participants in derivatives and forward commodity markets. Traditionally, bankruptcy law has required mutuality between the debtor and a creditor as a prerequisite for the exercise of setoff rights by the creditor.

    Filed under:
    USA, New York, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Debtor, Safe harbor (law), Swap (finance), Debt, Concession (contract), Default (finance), Commodity market, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Judge overseeing Lehman Brothers bankruptcy cases issues decision on setoff in bankruptcy and directs Swedbank AB to surrender post-petition deposits
    2010-05-14

    On May 5, the judge overseeing the bankruptcy case of Lehman Brothers Holdings Inc issued an opinion refusing Swedbank AB's request to keep several million dollars in post-bankruptcy Lehman deposits as a setoff against pre-bankruptcy swap termination claims.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Surety, Debtor, Safe harbor (law), Swap (finance), Debt, Lehman Brothers cases, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman court limits ISDA Master Agreement set-off rights
    2010-05-12

    On May 5th, the United States Bankruptcy Court for the Southern District of New York issued a decision declaring that a party's right to setoff in an International Swaps and Derivatives Association, Inc. ("ISDA") Master Agreement is unenforceable in bankruptcy unless "strict mutuality" exists.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Surety, Safe harbor (law), Debt, Default (finance), International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Time is running out to defer income recognition from debt-equity exchanges
    2010-05-11

    Restructures of financially distressed firms often involve debt-equity exchanges. The concept is straightforward: the company issues equity to its lenders in exchange for their cancellation of some of the company’s debt. The company’s debt burden and interest payment expenses are reduced and its balance sheet is strengthened.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Stoel Rives LLP, Debtor, Security (finance), Interest, Limited liability company, Debt, Liquidation, Balance sheet, Election, Distressed securities, Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Stoel Rives LLP
    BAPCA provisions are not unconstitutional
    2010-05-24

    On May 18th, the Second Circuit, applying the Supreme Court's holding in Milavetz, Gallop & Milavetz, P.A. v. U.S., 130 S.Ct. 1324 (2010), reversed a trial court order finding that provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act that prohibit debt relief agencies from advising clients to incur more debt were overbroad and unconstitutional when applied to attorneys.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, Debt, Debt relief, Constitutionality, Supreme Court of the United States, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC closes sale of notes backed by commercial real estate loans
    2010-05-24

    Today, the Federal Deposit Insurance Corporation (FDIC) announced the closing of its previously announced sale of $233 million of notes backed by performing and non-performing commercial real estate (CRE) loans from 22 different financial institutions f

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Credit (finance), Commercial property, Interest, Debt, Maturity (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Alice Green
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Washington Mutual 2019 ruling, Part II
    2010-05-20

    In a Bracewell & Giuliani client alert dated December 7, 2009 (which can be found here), we reported on a decision ("WaMu I") from Judge Walrath of the Delaware Bankruptcy Court that required a group of bondholders of Washington Mutual, Inc. ("WMI") to comply fully with the disclosure requirements of Bankruptcy Rule 2019.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Bracewell LLP, Share (finance), Bond (finance), Bankruptcy, Shareholder, Interest, Hedge funds, Debt, Economy, Constitutional amendment, United States bankruptcy court
    Authors:
    Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    North American Petroleum Corporation files for bankruptcy in Delaware following dispute with Enterra Energy
    2010-05-30

    Introduction

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Natural gas, Accounts receivable, Market liquidity, Debt, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 100
    • Page 101
    • Page 102
    • Page 103
    • Current page 104
    • Page 105
    • Page 106
    • Page 107
    • Page 108
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days