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
    SDNY Bankruptcy Court thwarts takeover by claims purchaser
    2010-04-15

    A creditor’s ability to vote on a plan of reorganization is one of its most fundamental rights in a chapter 11 bankruptcy. For strategic investors in distressed debt, the power to vote—and potentially control a voting class (or obtain a blocking position in that class)— can be a critical tool in maximizing value and return on investment. Investors should be aware, however, that a recent decision by Judge Robert E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Hedge funds, Debt, Distressed securities, Secured loan, Title 11 of the US Code, Dish Network, United States bankruptcy court, US District Court for SDNY
    Authors:
    Peter M. Friedman , Leslie W. Chervokas
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to Potential Tort Liability
    2020-12-11

    A recent decision of New York’s highest court potentially strengthens the ability of lenders to bring suits against third parties for participation in a borrower’s breach of single purpose entity/bankruptcy remote loan document covenants.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
    Authors:
    Steven M. Herman , Michael S. Anglin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The District Court in Tribune Circumscribes Merit and Maintains Section 546(e) Safe Harbor Protection for Shareholders in the Wake of a Failed LBO
    2019-05-20

    Last year, the Supreme Court issued its decision in Merit, unanimously ruling that a buyout transaction between private parties did not qualify for “safe harbor” protection under Bankruptcy Code section 546(e), on the basis that a “financial institution” acted as an intermediary in the overarching transaction.

    Filed under:
    USA, New York, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Leveraged buyout
    Authors:
    Ingrid Bagby , Michele C. Maman , Kathryn M. Borgeson , Eric Waxman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Can default interest and late fees be excluded from secured claims? … Maybe, maybe not
    2012-09-06

    In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) –

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Lease assumption: what if the store has gone “dark”?
    2012-09-04

    Androse Assoc. of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.), 472 B.R. 666 (S.D.N.Y. 2012) –

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Landlord, Leasehold estate
    Location:
    USA
    Firm:
    Troutman Pepper
    New York Bankruptcy Court allows total cost method to calculate contractor’s inefficiency damages resulting from restaging of project
    2011-12-20

    GII Industries, Inc. v. New York Dep’t of Transp. 2011 Bankr. LEXIS 3663 (Bankr. E.D.N.Y. Sept. 30, 2011)  

    The Bankruptcy Court for the Eastern District of New York considered the appropriate method for calculating a contractor’s inefficiency damages and whether the contractor was entitled to prejudgment interest in connection with a highway reconstruction project. The Court held that the total cost method was the appropriate manner by which to calculate damages and that the contractor was entitled to prejudgment interest running from the date final payment was due.

    Filed under:
    USA, New York, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    NY Executive Order Provides Relief for Tenants and Property Owners Impacted by COVID-19
    2020-05-14

    Client Alert

    On May 7, 2020, New York Gov. Andrew Cuomo enacted Executive Order No. 202.28, which extended and expanded — but in some cases narrowed — the temporary suspension of several New York state laws due to the COVID-19 crisis. The Executive Order impacts many industries and individuals in New York state, including both commercial and residential landlords and tenants.

    Filed under:
    USA, New York, Insolvency & Restructuring, Real Estate, Troutman Pepper, Landlord, Coronavirus, US Senate
    Location:
    USA
    Firm:
    Troutman Pepper
    Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test
    2020-01-17

    A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Authors:
    David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Here Lions Roam: CISG As The Measure of A Claim's Value And Validity And A Debtor's Dischargeability
    2018-10-15

    HERE LIONS ROAM: CISG AS THE MEASURE OF A CLAIM'S

    VALUE AND VALIDITY AND A DEBTOR'S

    DISCHARGEABILITY

    Amir Shachmurove*

    INTRODUCTION ............................................ ..... 463

    I. A COMEDY OF ERRORS .............. 468

    II. RELEVANT BANKRUPTCY LAW: THE CODE AND THE RULES ............ 470

    A. Code and Rules .......................... ......... 470

    B. Determination of a Claim 's Validity and Value .............. 471

    C. Temporary Valuation Pursuant to Rule 3018(a) .... ........ 475

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, Debtor, Commercial law, Bill of lading, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Cramdown hurdles round 3: try, try again
    2015-06-17

    In re Ramz Real Estate Co., LLC, 510 B.R. 712 (Bankr. S.D.N.Y. 2013) –

    An undersecured mortgagee objected to a debtor’s proposed plan of reorganization on several grounds, including that (1) the plan was not approved by a proper impaired class and (2) retention of equity by the debtor’s members violated the absolute priority rule.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 92
    • Page 93
    • Page 94
    • Page 95
    • Current page 96
    • Page 97
    • Page 98
    • Page 99
    • Page 100
    • …
    • 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