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    Bankruptcy Court approves procedures for determining allowed amounts of structured securities claims
    2011-08-12

    The United States Bankruptcy Court for the Southern District of New York, overseeing the bankruptcy cases of Lehman Brothers Holdings Inc. (“LBHI”) and its affiliated debtors (collectively, the “Debtors”), entered an order on Aug.

    Filed under:
    USA, New York, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Unsecured debt, Security (finance), Consent, Voting, Lehman Brothers, United States bankruptcy court
    Authors:
    Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    What Are You Doing in This Court? SDNY Bankruptcy Court Transfers Post-Confirmation, State Law Dispute with Non-Debtors Back to the “Home” Bankruptcy Court
    2016-05-09

    On April 25, 2016, Judge Glenn of the Bankruptcy Court for the Southern District of New York issued a memorandum in an adversary proceeding in which neither of the two non-debtor parties apparently wanted to be in the Southern District of New York.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Subject-matter jurisdiction, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Southern District of New York Reopens Atari’s Bankruptcy Cases
    2016-05-04

    Until recently, In re Atari, Inc. was a closed case, but, in a recent decision, the bankruptcy court for the Southern District of New York found that “other cause” existed to reopen the bankruptcy cases. 

    Background

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Exclusive jurisdiction, United States bankruptcy court
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    In re Sabine Oil and Gas: Final Ruling Issued Authorizing Rejection of Gas-Gathering Agreements
    2016-05-04

    On May 3, 2016, Judge Shelley Chapman issued a final ruling in the Sabine Oil and Gas bankruptcy proceedings permitting the debtor to reject gas-gathering and related agreements with two midstream companies.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Sidley Austin LLP
    Location:
    USA
    Firm:
    Sidley Austin LLP
    In Madoff Fraudulent Transfer Cases, Bankruptcy Court Focuses on Intent of the Transferees
    2016-04-29

    The latest in a line of fraudulent transfer decisions in the Madoff case has added to the case-law regarding what level of knowledge is needed to plead actual fraud in securities Ponzi scheme cases.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Security (finance), Fraud, Debtor in possession, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The SunEdison bankruptcy: What you need to know
    2016-05-02

    As solar industry observers will already know, on April 21st, 2016, (the “Filing Date”) SunEdison, Inc. (“SunEdison”) and several of its U.S. and international subsidiaries (the "SunEdison Group") filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code (the “Chapter 11 Proceedings”)in the United States Bankruptcy Court for the Southern District of New York (the “ US Bankruptcy Court”).1

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Gowling WLG, Renewable energy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Thomas Gertner , Alex MacFarlane , Thomas J. Timmins
    Location:
    USA
    Firm:
    Gowling WLG
    Sabine: rejection of gas gathering agreements in restructuring
    2016-05-02

    A March 8 2016 decision of the influential Bankruptcy Court for the Southern District of New York has attracted attention from – and caused concern for – owners of pipelines and other midstream assets, as well as lenders to midstream and upstream lenders across the United States.

    Facts

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Howard A Gorman , Wayne W Fedun
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    After Months of Uncertainty, NY DFS Petitions to Place Health Republic Insurance of New York in Liquidation
    2016-04-25

    On April 22, 2016, the Superintendent of the New York Department of Financial Services ("DFS") commenced a liquidation proceeding for Health Republic Insurance of New York ("HRINY") by filing an Order to Show Cause and Verified Petition in the Supreme Court of the State of New York. HRINY has consented to the liquidation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Bressler, Amery & Ross PC, General counsel, Liquidation
    Authors:
    Cynthia J. Borrelli
    Location:
    USA
    Firm:
    Bressler, Amery & Ross PC
    Asserting Personal Jurisdiction Over Foreign Banks
    2016-04-26

    Funds passing through a correspondent bank account in New York can create personal jurisdiction over the funds’ recipient, ruled the United States District Court for the Southern District of New York.  In Official Committee of Unsecured Creditors of Arcapita Bank B.S.C. v.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Personal jurisdiction
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Products Liability Plaintiffs Prevented From Seeking Recovery Against New GM Because the Bankruptcy Court Found Their Claims Were Not Assumed by New GM
    2016-04-26

    On April 15, 2016, the Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) halted the attempt of plaintiffs who were injured in an accident involving a General Motors vehicle to seek recourse against General Motors LLC (“New GM”) in state court, finding that New GM did not assume liability for the plaintiffs’ claims.  This decision provides yet another reminder to t

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, General Motors, United States bankruptcy court
    Authors:
    Todd E. Phillips , Jeanna Rickards Koski
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered

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