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    Spotlight on Sotomayor Second Circuit bankruptcy rulings
    2009-09-30

    On Thursday, August 6, 2009, the United States Senate confirmed Justice Sonia Sotomayor to the Supreme Court of the United States. As a former Judge on the Court of Appeals for the Second Circuit, Judge Sotomayor’s jurisprudence includes a number of decisions involving noteworthy bankruptcy cases. This article provides a brief survey of these decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Admiralty law, In rem jurisdiction, Securities fraud, US Securities and Exchange Commission, US Senate, SCOTUS, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third party releases survive Supreme Court's decision in Travelers Indemnity Co. v. Bailey
    2009-06-25

    Last week, the Supreme Court issued its decision in Travelers Indemnity Co. v. Bailey,2 establishing an important precedent concerning the ability of bankruptcy courts to release claims against third party non-debtors in chapter 11 plans of reorganization. In the June 2009 issue of Cadwalader’s Restructuring Review newsletter, we introduced this case and considered the potential implications of a ruling on this important but unsettled topic.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Contractual term, Bankruptcy, Debtor, Injunction, Debt, Consent, Title 11 of the US Code, Deutsche Bank, SCOTUS, Second Circuit, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankrupt municipalities can reject collective bargaining agreements more easily than corporate debtors
    2009-06-24

    In In re City of Vallejo,1 the United States Bankruptcy Court for the Eastern District of California held recently that the City of Vallejo has the authority to reject its collective bargaining agreements with the city’s firefighters and electrical workers as part of its chapter 9 bankruptcy proceeding without going through the process detailed in section 1113 of the Bankruptcy Code. The bankruptcy court determined that a municipality does not need to comply with the stringent requirements that corporations face when seeking to reject a collective bargaining agreement (a “CBA”).

    Filed under:
    USA, California, Employment & Labor, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Property tax, Trade union, Good faith, Collective bargaining, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, US District Court for Eastern District of California
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court expected to rule on third-party releases
    2009-06-24

    Introduction

    On March 30, 2009, the United States Supreme Court heard oral argument in Travelers Indemnity Co. v. Bailey,1 a case that addresses the jurisdiction of bankruptcy courts to authorize third-party releases in the context of a debtor’s plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, SCOTUS, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Continued viability of “earmarking doctrine” defense to preference actions affirmed by Fifth Circuit
    2009-01-30

    In In re Entringer Bakeries, Inc.,1 the United States Court of Appeals for the Fifth Circuit affirmed the viability of the “earmarking doctrine” as a judicially-created defense to a preference action under section 547(b) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Leasehold estate, Interest, Debt, Maturity (finance), Liquidation, Secured loan, Title 11 of the US Code, Small Business Administration (USA), SCOTUS, United States bankruptcy court, Fifth Circuit, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court limits stamp tax exemption
    2008-06-30

    On June 16th, the Supreme Court of the United States issued a decision that is likely to have a significant impact on how debtors will sell assets in bankruptcy. InFlorida Department of Revenue v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Tax exemption, Debtor, Unsecured debt, Statutory interpretation, Stamp duty, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Seventh Circuit decides issues regarding FCC license after NextWave and permits third party releases
    2008-05-31

    In March 2008, the Court of Appeals for the Seventh Circuit decided In re Airadigm Communications, Inc. (Airadigm Communications, Inc. v. FCC),1 a case that built upon the Supreme Court’s decision in FCC v. NextWave Personal Communications, Inc (“NextWave”).2 In NextWave, the Supreme Court held that the FCC’s participation in a bankruptcy proceeding is subject to the provisions of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Cadwalader Wickersham & Taft LLP, Bankruptcy, Credit (finance), Debtor, Interest, Misconduct, Secured creditor, Unsecured creditor, Title 11 of the US Code, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Secured lender’s entitlement to postpetition interest reduced from contract rate
    2008-03-27

    In the January 2008 issue, we reported on In re Solutia, Inc.,1 decided by the United States Bankruptcy Court for the Southern District of New York. The Solutia court demonstrated how contractual entitlements of debt instruments may be altered in bankruptcy. There, the original issue discount of certain secured notes was found to be interest, rather than principal, causing a significant portion of the noteholders’ claims to be disallowed. In In re Urban Communicators PCS, Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Debt, Limited partnership, Default (finance), Secured creditor, Subsidiary, Federal Communications Commission (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court Narrows Applicability of Bankruptcy Code's Safe Harbor for Securities-Related Transfers
    2018-03-12

    Client Alert

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Troutman Pepper, Safe harbor (law), SCOTUS
    Authors:
    Marcy J. McLaughlin
    Location:
    USA
    Firm:
    Troutman Pepper
    Non-dischargeable debts: some lies matter more than others
    2012-10-11

    Bandi v. Becnel (In re Bandi), 683 F.3d 671 (5th Cir. 2012)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Debt, SCOTUS
    Location:
    USA
    Firm:
    Troutman Pepper

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