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
    Purpose statements in engagement letters could prove costly if not drafted appropriately
    2010-02-25

    A recent decision by the US District Court for the Southern District of New York regarding the terms of an engagement letter demonstrates the need to clearly articulate the intended purpose and scope of an engagement. As the case described below demonstrates, if there is any ambiguity with regard to whether or not a fee must be paid and/or when an engagement is terminated, the resolution of such ambiguity may depend upon the description of the engagement’s purpose.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debt, Investment banking, Limited partnership, Credit Suisse, United States bankruptcy court
    Authors:
    David K. Duffee , William V. Jacobsen, Jr.
    Location:
    USA
    Firm:
    Mayer Brown
    Southern District of New York Holds That Bankruptcy Court Lacks Statutory Authority to Approve Non-Consensual Third-Party Releases
    2022-01-31

    In a December 16, 2021, decision,1 Judge Colleen McMahon of the US District Court for the Southern District of New York reversed the bankruptcy court order confirming the Chapter 11 plan of Purdue Pharma, L.P.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, US District Court for SDNY
    Authors:
    Sean T. Scott , Aaron Gavant , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    New York Bankruptcy Court holds remote special purpose subsidiaries eligible as debtors, denies dismissal of SPE Chapter 11 filings by General Growth Properties
    2009-08-31

    On August 11, 2009, the US Bankruptcy Court for the Southern District of New York denied five motions to dismiss bankruptcy cases filed by certain bankruptcy remote, special purpose subsidiaries (SPEs) of General Growth Properties, Inc. (GGP). The motions were filed by or on behalf of secured lenders to the SPEs (Movants) who argued that the bankruptcy filings were inconsistent with the bankruptcy remote structures that they had negotiated with GGP.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Public company, Bankruptcy, Shareholder, Debtor, Real estate investment trust, Good faith, Bad faith, Refinancing, Subsidiary, Title 11 of the US Code, Delaware General Corporation Law, United States bankruptcy court
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Attempting to Close the Shops: New York and Virginia Adopt Random Case Assignment to Discourage Forum Shopping
    2022-01-07

    The Bankruptcy Court for the Southern District of New York (the “SDNY”) has been a longstanding epicenter of Chapter 11 filings. Historically seen as one of the more pro-debtor forums in the country, large companies often filed in the SDNY to take advantage of that stance. Some debtors appear to have attempted to direct their cases to specific judges within the district who were seen as particularly pro-debtor. One recent example was the bankruptcy filing by OxyContin producer, Purdue Pharma.

    Filed under:
    USA, New York, Virginia, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    SDNY Bankruptcy Court OKs Purdue Pharma’s Plan of Reorganization Featuring Third-Party Releases for Sacklers in Exchange for Contributing $4.325 Billion to Opioid Victim Settlement Fund
    2021-09-27

    On September 1, 2021, Judge Robert Drain issued a much-anticipated oral ruling approving Purdue Pharma L.P.’s plan of reorganization. The plan, which has garnered significant attention from the media, legislators, academics, and practitioners, releases current and future members of the Sackler family and many of their associates and affiliated companies – none of whom filed for bankruptcy themselves – from liability in connection with any possible harm caused by OxyContin and other opioids that Purdue Pharma manufactured and distributed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Samuel R. Rabuck , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Marblegate Under Attack! Or Not? Out-of-Court Bond Restructurings in Light of NY Court of Appeals Decision in CNH Diversified
    2020-11-03

    In its October 22, 2020, CNH Diversified Opportunities Master Account, L.P. v.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott , Matthew V. Wargin
    Location:
    USA
    Firm:
    Mayer Brown
    District court holds that section 550(a) of the Bankruptcy Code does not apply extraterritorially to allow for recovery of subsequent transfers received abroad by a foreign transferee from a foreign transferor
    2014-09-24

    Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC, 12-mc-115 (S.D.N.Y. July 6, 2014) [click for opinion]

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Baker McKenzie, Security (finance), Extraterritoriality
    Location:
    USA
    Firm:
    Baker McKenzie
    Personal Jurisdiction. District court holds that the use of a correspondent bank account provides a sufficient basis to exercise personal jurisdiction over a foreign bank.
    2016-07-19

    Official Comm. of Unsecured Creditors of Arcapita, Bank. B.S.C. v. Bahr. Islamic Bank, No. 15-cv-03828 (S.D.N.Y. Mar. 30, 2016) [click for opinion]

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Unsecured debt, Security (finance), Personal jurisdiction, Debt, Due process, Second Circuit, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Baker McKenzie
    Update: SDNY bankruptcy court enforces make-whole premiums
    2019-04-10

    In a prior blog post, “Making Sense of The Circuit Split on the Enforcement of Make-Whole Provisions in Bankruptcy,” we discussed the circuit split on the enforcement of a make-whole premium triggered by a bankruptcy petition. Shortly after that post was published, the U.S.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Baker McKenzie
    United States: Making Sense of the Circuit Split on the Enforcement of Make-Whole Provisions in Bankruptcy
    2019-03-06

    The enforcement of a lender’s claim for a make-whole premium in a chapter 11 case has created significant controversy among legal practitioners and the courts. Notably, the three circuit courts of appeal that have addressed make-whole claims, i.e. the Second, Third and Fifth Circuits, have issued conflicting decisions on the nature of these claims and their allowance under the Bankruptcy Code. In this post we provide a brief summary of make-whole premiums and address the controversy among the circuits.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Peter S. Goodman , L Andrew S. Riccio
    Location:
    USA
    Firm:
    Baker McKenzie

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 102
    • Page 103
    • Page 104
    • Page 105
    • Current page 106
    • Page 107
    • Page 108
    • Page 109
    • Page 110
    • …
    • 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