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    Bankruptcy court orders swap counterparty to pay Lehman Brothers despite event of default
    2009-09-25

    The United States Bankruptcy Court for the Southern District of New York entered an order on Sept. 17, 2009, granting a motion filed by Lehman Brothers Special Financing Inc. (“LBSF”) to compel Metavante Corporation (“Metavante”) to continue to make payments to LBSF under an ISDA Master Agreement.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Condition precedent, Debtor, Safe harbor (law), Interest, Swap (finance), Motion to compel, Liquidation, Default (finance), US Congress, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , Craig Stein , Kristin Boggiano
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Recent bankruptcy court decisions affecting counterparties to open or terminated derivative contracts with Lehman Brothers entities
    2009-09-23

    On September 17, 2009 Judge Peck of the United States Bankruptcy Court for the Southern District of New York issued two orders that may significantly impact parties who held, or still currently hold, derivative contracts with Lehman Brothers Special Financing Inc. (LBSF) or any of the other debtors in the Lehman Brothers bankruptcy cases (the Debtors).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Swap (finance), Motion to compel, Mediation, Good faith, Default (finance), Lehman Brothers cases, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy Rule 2019 redux – Delaware Bankruptcy Court holds that informal committee is not subject to Rule 2019
    2010-01-22

    Two decisions (one only weeks ago) have held that the scope of Bankruptcy Rule 2019 encompasses “informal committees” of bondholders and that such committees must comply with the extensive disclosure requirements of Bankruptcy Rule 2019.1 In a recent decision, Bankruptcy Judge Christopher Sontchi of the Delaware Bankruptcy Court came out the other way, ruling that such a committee was not a “committee representing more than one creditor” and, consequently, is not subject to Rule 2019.2 In so doing, Judge Sontchi considered but declined to follow the two decisions addressing the same issue:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Discovery, Consideration, Consent, Motion to compel, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Alan W Kornberg , Stephen J. Shimshak
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Delaware Bankruptcy Court decisions highlight split on Rule 2019 disclosure
    2010-01-28

    In a Jan. 20, 2010, opinion, Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware held that a group of investors who had together proposed a plan of reorganization for the debtor did not have to comply with the disclosure requirements of Federal Rule of Bankruptcy Procedure 2019 (“Rule 2019”) In re Premier International Holdings, Inc., No. 09-12019 (Bankr. D. Del. Jan. 20, 2010) (Sontchi, J.) (“Six Flags”). In Six Flags, Judge Sontchi expressly disagreed with two prior decisions on the subject of Rule 2019 disclosure, one by Judge Mary K.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Interest, Discovery, Debt, Motion to compel, United States bankruptcy court, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    Lawrence V. Gelber , Jonathan D. Blattmachr
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Recent bankruptcy court decisions affecting counterparties to open or terminated derivative contracts with Lehman Brothers entities
    2009-09-23

    On September 17, 2009 Judge Peck of the United States Bankruptcy Court for the Southern District of New York issued two orders that may significantly impact parties who held, or still currently hold, derivative contracts with Lehman Brothers Special Financing Inc. (LBSF) or any of the other debtors in the Lehman Brothers bankruptcy cases (the Debtors).

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Swap (finance), Motion to compel, Mediation, Good faith, Default (finance), Bankruptcy of Lehman Brothers, Title 11 of the US Code, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Protecting the attorney-client privilege in corporate families
    2008-02-01

    The importance and practical benefits resulting from the use of the same in-house counsel for an entire corporate family are numerous. For example, the in-house attorneys are particularly familiar with the corporate family’s structure, can assist with joint public filings, and can expertly oversee the corporate family’s compliance with regulatory regimes. If a subsidiary in the corporate family becomes financially distressed, however, the creditors of the financially distressed entity may look to the parent corporation for recourse.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Bankruptcy, Debtor, Fiduciary, Attorney-client privilege, Discovery, Misrepresentation, Motion to compel, Estoppel, Subsidiary, Bell Canada, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates
    2011-05-20

    A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage.Lane v. Endurance American Specialty Insurance Co., 2011 WL 1791343 (W.D.N.C. May 10, 2011). The court granted, however, the plaintiff’s motion to compel the insurer to provide information about all other claims noticed under the policies at issue.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Discovery, Motion to compel, Admissible evidence, Bad faith, Subsidiary, Business ethics, Collusion
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Los Angeles Dodgers' Chapter 11 case: no replay of Texas Rangers' drama
    2011-11-09

    A World Series as exciting as any in memory ended two weeks ago. Notwithstanding the end of the season, the Los Angeles Dodgers’ chapter 11 case offered the promise of more baseball-related thrills. Dodger’s owner Frank McCourt and Major League Baseball (“MLB”) Commissioner Bud Selig appeared headed towards an epic courtroom showdown that promised to rival

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Discovery, Motion to compel, Divorce
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    SD Fla. Bankr. Rejects Mortgagee’s Attempt to Use Borrower’s Surrender in BK to Resolve Contested Foreclosure
    2016-06-13

    The U.S. Bankruptcy Court for the Southern District of Florida recently denied a creditor’s motion to compel the debtor to surrender mortgaged property and also denied the debtor’s motion to stay the case, holding that a chapter 7 debtor who indicates surrender of real property in his statement of intention is not obligated to surrender that property to the lienholder, whether or not the property is administered by the chapter 7 trustee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Debtor, Foreclosure, Motion to compel, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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