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    Eleventh Circuit broadly defines ‘value’ in fraudulent transfer suit
    2015-10-08

    An insolvent corporate subsidiary’s payment of its parent’s contractual obligations was not a fraudulent transfer when “the [subsidiary] Debtor received reasonably equivalent value in exchange for [its cash] transfers,” held the U.S. Court of Appeals for the Eleventh Circuit on Sept. 4, 2015. In re PSN USA, Inc., 2015 WL 5167803, at *7 (11th Cir. Sept. 4, 2015) (per curiam).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Debtor, Eleventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Court validates rescue loan, rejecting equitable subordination and fraudulent transfer claims
    2015-05-22

    A bank did not engage in “egregious conduct” sufficient to subordinate its lien on equitable grounds, held the U.S. District Court for the Northern District of Illinois on Dec. 10, 2014. In re Sentinel Management Group, Inc., 2014 WL 6990322 (N.D. Ill. Dec. 10, 2014) (“Sentinel IV”). Moreover, because of the bank’s “good faith,” the corrupt borrower’s fraudulent pledging of customer funds to the bank to secure a so-called $312-million rescue loan “cannot be avoided.” Id. at *10.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Eleventh Circuit vacates bad-faith asset sale
    2014-09-04

    The U.S. Court of Appeals for the Eleventh Circuit, on Aug. 15, 2014, ordered a bankruptcy court to vacate a final asset sale order almost four years after its entry because of insider misconduct. In re Global Energies, LLC, 2014 WL 3974577 (11th Cir. Aug. 15, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, United States bankruptcy court, Eleventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Credit bid buyers beware: Delaware bankruptcy court caps credit bid
    2014-01-24

    On Jan. 10, 2014, the United States Bankruptcy Court for the District of Delaware (the “Court”) in In re Fisker Automotive Holdings, Inc., et al., capped a secured creditor’s right to credit bid its $168 million claim at only $25 million (the amount it paid to purchase the claim). The decision is on appeal. While the Court stated that its decision is non-precedential, it serves as a cautionary tale for secured lenders who also are potential acquirers of a debtor’s assets in bankruptcy sales.

    Facts

    Loan to Fisker

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Secured creditor, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Adam C. Harris , David M. Hillman , James T. Bentley
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    First distribution expected in Dutch bankruptcy of Lehman Brothers Treasury Co. B.V. (“LBT”)
    2013-04-03

    Sanctioning of LBT Composition Plan Becomes Final

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Bankruptcy of Lehman Brothers, Lehman Brothers
    Authors:
    Peter J.M. Declercq , Sonya Van de Graaff
    Location:
    Netherlands
    Firm:
    Schulte Roth & Zabel LLP
    Recognition of trustee filing in French insolvency safeguard proceedings
    2012-04-26

    In a decision that represents a triumph for bondholders, and should provide comfort to market participants, the Supreme Court of France (the “Supreme Court”) has recognized the trust structure and the parallel debt mechanism as part of security packages put in place for secured international financings granted to a French company.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bond (finance), Collateral (finance), Debt, Court of Appeal of England & Wales
    Location:
    France
    Firm:
    Schulte Roth & Zabel LLP
    Second Circuit holds Bankruptcy Code safe harbor insulates sellers of Enron commercial paper from preference and fraudulent transfer liability
    2011-06-29

    The U.S. Court of Appeals, in a 2-1 decision on June 28, 2011, held that Bankruptcy Code § 546(e), which exempts a “Settlement Payment” from a bankruptcy trustee’s avoiding powers, insulated two sellers of Enron Corporation’s commercial paper from suit despite Enron’s early pre- bankruptcy redemption. Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., ___F.3d ___, 2011 WL 2536101 (2d Cir. June 28, 2011) (2-1).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Clearing (finance), Unsecured debt, Security (finance), Safe harbor (law), Debt, Maturity (finance), Commercial paper, Title 11 of the US Code, ING Group, Enron, Second Circuit, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lehman Brothers seeks approval of claims resolution procedures
    2010-03-17

    On March 15, 2010 Lehman Brothers Holdings, Inc. and its affiliated debtors (the “Debtors”) filed a motion (the “Motion”) with the Bankruptcy Court overseeing the Debtors’ Chapter 11 cases (the “Court”) seeking authorization to establish certain claims and alternative dispute resolution procedures designed to expedite the process of reconciling claims filed against the Debtors’ estates.

    The procedures, set forth in detail in an exhibit to the proposed order filed with the Motion, are summarized as follows:

    Filed under:
    USA, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Bankruptcy, Injunction, Mediation, Liquidation, Lehman Brothers, United States bankruptcy court
    Authors:
    Michael L. Cook , Lawrence V. Gelber , Adam C. Harris , David M. Hillman
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    LBIE Joint Administrators summarize potential scheme of arrangement
    2009-07-17

    On July 14, 2009, the Joint Administrators of Lehman Brothers International (Europe) ("LBIE"), made an application to the High Court in London with respect to a Scheme of Arrangement (the "Scheme") (the UK administration’s analogue to a Chapter 11 plan of reorganization) designed to provide procedures to be used by LBIE for the purpose of returning so-called “trust property” held by LBIE to certain of its customers (“Creditors”). Among the primary purposes of the Scheme is the desire to avoid the need for a case-by-case resolution of the claims made by LBIE's Creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Unsecured debt, Liability (financial accounting), Dispute resolution, Fair market value, Valuation (finance), Pro rata, Lehman Brothers
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    District court affirms decision to deny Cayman Islands hedge funds access to U.S. bankruptcy court under Chapter 15
    2008-06-05

    The United States District Court for the Southern District of New York recently affirmed a bankruptcy court’s denial of Chapter 15 protection for the U.S. assets of two Cayman Islands hedge funds (the “Funds”) (previously reported in SRZ’s Sept. 19, 2007, Alert, “Cayman Hedge Funds Liquidators’ Request for Chapter 15 Protection Denied by Bankruptcy Court”). See Civ. Case No. 07-8730 (S.D.N.Y. May 27, 2008) (the “Decision”).

    Filed under:
    Cayman Islands, USA, Capital Markets, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Schulte Roth & Zabel LLP, Debtor, Injunction, Asset management, Hedge funds, Foreclosure, Liquidation, Liquidator (law), US Code, United States bankruptcy court, US District Court for SDNY
    Location:
    Cayman Islands, USA
    Firm:
    Schulte Roth & Zabel LLP

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