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    Second Circuit summarily reverses claims trading decision
    2012-09-19

    The Second Circuit Court of Appeals, acting with unusual alacrity (oral argument was heard only one month ago), summarily reversed the district court decision in Longacre Master Fund v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit adopts abuse of discretion standard of review for equitable mootness decisions
    2012-09-20

    On August 31, 2012, the United States Court of Appeals for the Second Circuit published its first decision expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations by district courts. In In re Charter Communications, Inc., the Second Circuit followed the Third and Tenth Circuits, while also reaffirming the Second Circuit’s rebuttable presumption of equitable mootness upon substantial consummation of a debtor’s plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Standard of review, Second Circuit, United States bankruptcy court
    Authors:
    Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit affirms dismissal of debtor’s attempted subordination of former corporate parent’s claim
    2012-09-21

    The U.S. Court of Appeals for the Second Circuit recently dismissed a corporate debtor’s attempt to subordinate its former corporate parent’s contract damage claim on the ground that it was a securities fraud claim. CIT Group Inc. v. Tyco Int’l., Inc. (In re CIT Group Inc.), 2012 WL 3854887 (2d Cir. Sept. 6, 2012), affirming 460 B.R. 633 (Bankr. S.D.N.Y. 2011).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Securities fraud, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Second Circuit to student loan collectors: know your bankruptcy law!
    2012-09-07

    A recent decision by the Second Circuit underscores the importance to debt collectors of accurately describing the options available to a student loan borrower in bankruptcy, even a borrower who previously filed but did not seek the determination of undue hardship that would have been a necessary predicate to any discharge.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Ballard Spahr LLP, Bankruptcy, Debtor, Debt, Student loan, Bankruptcy discharge, Second Circuit
    Authors:
    Alan S. Kaplinsky
    Location:
    USA
    Firm:
    Ballard Spahr LLP
    Second Circuit to weigh in on trading of bankruptcy claims
    2012-09-05

    The Second Circuit Court of Appeals recently heard arguments in a case that could have substantial implications on the trading of bankruptcy claims. While the court could choose to resolve the case, Longacre Master Fund, Ltd. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Enron, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit upholds the designation of claim purchaser’s vote on DBSD plan
    2012-07-24

    The Second Circuit recently issued its opinion in the DBSD N.A., Inc. bankruptcy case addressing several bankruptcy issues that have received wide-spread reporting, including the validity of the "gifting” doctrine and the standing of an "out of the money" creditor to object to confirmation of a chapter 11 plan. A lesser publicized issue addressed in the decision, but one that should signal a warning to claim purchaser’s of bankrupt companies, was the designation of a vote of DISH Network Inc. on DBSD's plan under section 1126(e) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Dish Network, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Second Circuit rejects manifest disregard arguments
    2012-07-19

    The Second Circuit has summarily affirmed a district court’s denial of a petition to vacate an arbitration award, and granted the cross-petition to confirm. We noted in our December 15, 2010 post that the Southern District of New York confirmed the award to Bayou Funds, a group of bankrupt entities which had been run as a massive Ponzi scheme. The district court ruled that the arbitrator did not manifestly disregard the law, even though he did not explicate the reasons for his ruling.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jorden Burt LLP, Second Circuit
    Authors:
    Brian Perryman
    Location:
    USA
    Firm:
    Jorden Burt LLP
    What’s yours is mine, and what’s mine is mine? SDNY expands the “unfinished business” doctrine to include non-contingency client matters in possible Dewey preview
    2012-06-15

    The recent chapter 11 case of the storied New York law firm, Dewey & LeBoeuf LLP, will raise a host of issues attendant to the dissolution of a modern day “big law” firm partnership.  Chief among these issues is likely to be whether the profits earned by former Dewey partners in completing Dewey’s open client matters belong to Dewey or the former Dewey partners.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Second Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third-party non-debtor releases in the Second Circuit
    2012-06-12

    Between 2008 and 2010, the Second Circuit Court of Appeals (the Second Circuit) revisited the circumstances under which it would approve third-party non-debtor releases in Chapter 11 plans of reorganization. Traditionally, the Second Circuit found such releases to be appropriate if the bankruptcy case had certain special — “unique” — circumstances.1 InIn re Johns-Manville Corp., 517 F.3d 52 (2d. Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Conflict of laws, Debtor, Injunction, Subject-matter jurisdiction, Second Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Roger G. Schwartz
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Second Circuit finds Anderson News pleading is plausible... enough
    2012-06-11

    Admonishing that motions to dismiss for failure to state a claim must be decided based on whether a plaintiff's complaint is plausible rather than how plausible it is, which was the district's view in granting a dismissal motion, the Second Circuit, in Anderson News, L.L.C. v. American Media, Inc.,[1] declared improper the district court's denial of leave to file a proposed amended complaint and vacated the dismissal.  

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, Media & Entertainment, Greenberg Traurig LLP, Second Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP

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