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
    New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
    2016-09-27

    On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a lower court decision, consistent with the overwhelming majority of federal court decisions, that the common interest doctrine under New York law is not limited to communications made in connection with pending or reasonably anticipated litigation.

    Filed under:
    USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Legal Practice, Litigation, Jones Day, Bankruptcy, Attorney-client privilege, US District Court for the Southern District of New York
    Authors:
    Aaron M. Gober-Sims
    Location:
    USA
    Firm:
    Jones Day
    Lyondell Decision Opens Door to Actual Fraudulent Conveyance Claims by Lenders in LBOs
    2016-09-19

    A recent decision from the Southern District of New York may reopen a door — which many had believed was all but closed — for disgruntled creditors seeking to challenge failed leveraged buyouts (“LBOs”) as fraudulent conveyances. In In re Lyondell Chemical Co., 2016 WL 4030937 (S.D.N.Y. July 27, 2016), District Judge Denise Cote reinstated an intentional fraudulent conveyance claim seeking to claw back $6.3 billion in distributions made to Lyondell Chemical’s shareholders through an LBO that failed quickly and dramatically.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Leveraged buyout, US District Court for the Southern District of New York
    Authors:
    Gregory A. Horowitz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Easement held to be an in rem property interest subject to section 363 sale
    2016-08-30

    In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that an easement is an in rem property interest, subject to sale free and clear under Bankruptcy Code section 363(f).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Secured creditor, Easement, United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trust Indenture Act Litigation by Plaintiff Firms May Interfere With Out-of-Court Restructurings
    2016-08-16

    Several recent cases in the United States District Court for the Southern District of New York have created ambiguity about when distressed exchange offers violate Section 316(b) of the 1939 Trust Indenture Act (the “TIA”). It appears that plaintiffs’ lawyers are using this ambiguity to challenge distressed exchange offers. The threat of litigation may give minority bondholders a powerful tool to hinder less than fully consensual out-of-court restructurings and provide them with increased leverage in negotiations.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bond (finance), Unsecured debt, Interest, Limited liability company, Debt, Maturity (finance), Debt restructuring, Secured loan, Second Circuit, US District Court for the Southern District of New York
    Authors:
    John Bessonette , Nathan Hyman
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Judge Chapman Flips the Script
    2016-08-09

    CLIENT PUBLICATION Financial Restructuring & Insolvency | August 9, 2016 Judge Chapman Flips the Script US Bankruptcy Court for the Southern District of NY Grants Noteholders’ Motion to Dismiss Based on Lehman’s Failure to State Claim With Respect to Flip-Clause Litigation On June 28, 2016, in what essentially was a clean sweep for the noteholder and trust certificate holder defendants (the “Noteholders”), the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) granted an omnibus motion to dismiss Lehman Brothers Special Financing, Inc.’s (“LBSF

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court
    Location:
    USA
    Firm:
    A&O Shearman
    Second Circuit Raises a Caution Flag for Sales Free-and-Clear of Claims
    2016-08-01

    The power of a bankruptcy court to authorize the sale of assets “free-and-clear” of liens and any other interests is a powerful tool that is used to realize value from distressed businesses. Indeed, purchasers will occasionally insist that sellers file a chapter 11 case in order to “cleanse the assets” by conducting their sale under Bankruptcy Code § 363(b). But how far does this power reach? Can bankruptcy be used to protect the purchaser from potential successor liability claims?

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Shipping & Transport, Reed Smith LLP, Bankruptcy, Prejudice, Second Circuit, United States bankruptcy court
    Authors:
    Michael J. Venditto , Sarah K. Kam
    Location:
    USA
    Firm:
    Reed Smith LLP
    District Court Denys Interlocutory Appeal of Protective Order
    2016-07-19

    In the latest decision to emanate from the Madoff bankruptcy, the United States District Court for the Southern District of New York denied the appeal of a protective order that relieved Irving Picard—the court-appointed trustee—from answering discovery requests regarding his compensation arrangement with his law firm.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Injunction, Discovery, Due process, Liquidation, Substantial similarity, Due Process Clause, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    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 the Southern District of New York
    Authors:
    Juliet B. Hatchett
    Location:
    USA
    Firm:
    Baker McKenzie
    Flip-clauses reconsidered: Lehman Court departs from previous safe harbor rulings
    2016-06-30

    Court holds that distributions made pursuant to priority payment provisions contained in CDO transactions are protected by Section 560 of the Bankruptcy Code

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Bankruptcy, Debtor, Collateral (finance), Security (finance), Safe harbor (law), Class action, Swap (finance), Liquidation, Default (finance), Collateralized debt obligation, Lehman Brothers cases, Bank of America, Lehman Brothers, United States bankruptcy court
    Authors:
    Brian D. Rance , Timothy Harkness , Linda H. Martin , Abbey Walsh
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer
    Sabine Lives On (and On): Bankruptcy Court Rejects Immediate Appeal to Second Circuit and Motion for Stay
    2016-07-04

    Editor’s Note: On June 16, 2016, The Bankruptcy Cave gave you our summary of the controversial Sabine decision. At that time, post-hearing motions were pending.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Interest, Gambling, Supreme Court of the United States, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Craig K. Schuenemann
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 18
    • Page 19
    • Page 20
    • Page 21
    • Current page 22
    • Page 23
    • Page 24
    • Page 25
    • Page 26
    • …
    • 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