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    ABI chapter 11 Reform Commission series: venue and core and noncore matters
    2015-01-22

    Today, in the latest installment of our series reviewing the Final Report and Recommendations of the American Bankruptcy Institute Commission to Study the Reform of Chapter 11, we review the Commission’s comments on (i) venue and (ii) core and noncore matters – discussed in sections IX.A and IX.B, respectively.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Enron
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Second Circuit affirms dismissal of Madoff Trustee’s six-year transfer and preference claims
    2014-12-15

    With several billions of dollars ultimately at stake, the Second Circuit has affirmed that Section 546(e) of the Bankruptcy Code, a safe-harbor protecting certain securities-related payments from bankruptcy “claw backs,” barred Irving Picard, Trustee of Bernard L. Madoff Investment Securities, LLC (“BLMIS”), from asserting all but a limited category of avoidance and recovery claims. In re Bernard L. Madoff Inv. Sec.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Security (finance), Enron, Second Circuit
    Authors:
    Sarah S Gold
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    How safe is the section 546(e) safe harbor? Part III: risk to the financial markets
    2014-06-11

    In Part II of this three-part entry, we mentioned that the District Court for

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Enron, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Creditors beware: do the proof of claim right or you are out
    2014-02-18

    Recent developments in the bankruptcy arena have placed a greater burden on claimants. Creditors are now required to make additional disclosures in their proof of claim forms, and courts are under no obligation to recognize late-filed claims. Proposed changes to the Bankruptcy Rules, including an amendment slashing the time to file a proof of claim, highlight the need for creditors to exercise extra vigilance.

    GREATER DISCLOSURE

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Lehman Brothers, Enron
    Authors:
    Bik Cheema
    Location:
    USA
    Firm:
    BakerHostetler
    Seventh Circuit adopts Second Circuit’s broad safe harbor definitions
    2013-09-17

    The Seventh Circuit has explicitly adopted the Second Circuit’s broad interpretation of the terms “transfer” and “settlement payment” in the Bankruptcy Code’s safe harbor provisions. See Peterson v. Somers Dublin Ltd., No. 12-2463, --- F.3d ----, 2013 WL 4767495 (7th Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Federal Reporter, Enron, Second Circuit, Seventh Circuit
    Authors:
    John Spears
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Quebecor decision: capital markets transactions protected in bankruptcy safe harbor
    2013-07-18

    Second Circuit’s Quebecor bankruptcy decision offers comfort to capital markets participants that certain transactions will qualify for the Section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Security (finance), Commercial paper, Enron, Second Circuit
    Authors:
    Robert A. Klyman
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Any port in a storm: safe harbor for intermediaries in the Second Circuit
    2013-06-11

    Navigating the most recent leg in the Quebecor regatta, the Second Circuit affirmed the judgment of the district court and ruled that prepetition transfers made in connection with a securities contract may qualify for safe harbor from avoidance actions under section 546(e) of the Bankruptcy Code—even if the transferee is a mere “conduit” or “intermediary” financial institution. In re Quebecor World (USA) Inc. (Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.), No. 12-4270-bk (2d Cir. June 10, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Safe harbor (law), Enron, Second Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Tom Horton's severance is probably in the golden parachute bag if the court applies the business judgment rule rather than Section 503(c) of the Bankruptcy Code
    2013-03-26

    The U.S. Trustee in American’s Chapter 11 bankruptcy proceedings is challenging American’s $19.8 million golden parachute for its CEO Tom Horton.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Zuckerman Spaeder LLP, Debtor, Business judgement rule, Severance package, US Congress, Enron
    Authors:
    Ellen D. Marcus
    Location:
    USA
    Firm:
    Zuckerman Spaeder LLP
    In brief: claims-trading hobgoblins redux?
    2012-12-01

    In the July/August 2012 edition of the Business Restructuring Review, we reported on a Delaware bankruptcy-court ruling that reignited the debate concerning whether sold or assigned claims can be subject to disallowance under section 502(d) of the Bankruptcy Code on the basis of the seller’s receipt of a voidable transfer. In In re KB Toys, Inc., 470 B.R. 331 (Bankr. D. Del. 2012), the court rejected as unworkable the distinction between a sale and an assignment of a claim for purposes of disallowance that was drawn by the district court in Enron Corp. v. Springfield Associates, L.L.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Enron
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit to weigh in on trading of bankruptcy claims
    2012-09-05

    The Second Circuit Court of Appeals recently heard arguments in a case that could have substantial implications on the trading of bankruptcy claims. While the court could choose to resolve the case, Longacre Master Fund, Ltd. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Enron, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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