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    Second Circuit Reverses Marblegate, Clarifying Meaning of TIA Section 316(b)
    2017-01-18

    In an eagerly-awaited decision, the Second Circuit Court of Appeals has vacated the district court's decision in Marblegate Asset Management, LLC v. Education Management Finance Corp. The district court's decision had created much uncertainty and confusion in the restructuring and indenture trustee community. The Court of Appeals has now held that Section 316(b) of the Trust Indenture Act (“TIA”) is not violated by a restructuring merely because it makes payment to dissenting holders unlikely or impossible.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Moses & Singer LLP, Second Circuit
    Authors:
    Alan Kolod , David Rabinowitz , Kent C. Kolbig
    Location:
    USA
    Firm:
    Moses & Singer LLP
    “Caveat venditor”: building strategy based on recent reclamation and Section 503(b)(9) developments
    2010-04-29

    In today’s difficult economic environment, it is vital for trade vendors faced with customers’ bankruptcies to have optimal strategies for collecting invoices for past shipments and protecting prior payments from being clawed back by a bankruptcy estate as preferences. The need for such strategies will only increase as record amounts of corporate debt mature. Nelson D. Schwartz, Corporate Debt Coming Due May Squeeze Credit, N.Y.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Moses & Singer LLP, Bankruptcy, Debtor, Consumer protection, Collateral (finance), Liquidation, Refinancing, Line of credit, Corporate bond, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Alan Kolod , Kent C. Kolbig
    Location:
    USA
    Firm:
    Moses & Singer LLP
    Potential distributions in Madoff case
    2011-05-09

    Some victims of the now infamous Bernard L. Madoff ("Madoff") Ponzi scheme may receive a partial distribution in the next few months. On May 4, 2011, Irving H. Picard, the Trustee appointed for the liquidation of the business of Bernard L. Madoff Investment Securities LLC ("BLMIS") under the Securities Investor Protection Act, 15, U.S.C.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Moses & Singer LLP, Bankruptcy, Security (finance), Limited liability company, Liquidation, Pro rata, US Code, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Alan E. Gamza , Kent C. Kolbig
    Location:
    USA
    Firm:
    Moses & Singer LLP
    Addressing the unexpected preference risk for creditors paid pre-petition claims pursuant to court order
    2012-07-19

    The recent decision of the United States Bankruptcy Court for the District of Delaware in Friedman’s Inc. v. Roth Staffing Cos., L.P. (In re Friedman’s Inc.)1 should be a reminder of the preference risk that exists for creditors, such as critical vendors, whose pre-petition claims are paid by court order. This article discusses various ways in which this preference risk can be eliminated or minimized.  

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Moses & Singer LLP, Debtor, United States bankruptcy court
    Authors:
    Alan E. Gamza
    Location:
    USA
    Firm:
    Moses & Singer LLP
    Madoff - analysis of the recent decision regarding the scope of SIPA protection
    2010-03-24

    The Bankruptcy Court has now provided its long-awaited answer as to the scope of the Securities Investors Protection Corporation (“SIPC”) liability for investor accounts with Bernard L. Madoff Investment Securities LLC (“Madoff”). The ruling in favor of Irving Picard, the trustee responsible for the Securities Investor Protection Act (“SIPA”) liquidation of Madoff, precludes recovery for many of the victims of Bernard Madoff’s infamous ponzi scheme and leaves the scope of the SIPC protection uncertain in future cases.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Moses & Singer LLP, Bankruptcy, Debtor, Security (finance), Interest, Debt, Liquidation, Brokerage firm, Pro rata, Securities Investor Protection Corporation, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Alan Kolod , Alan E. Gamza , Allan Grauberd
    Location:
    USA
    Firm:
    Moses & Singer LLP
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