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
    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 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
    Mets' owners swing for the fences against Madoff trustee
    2011-08-24

    Fred Wilpon, Saul Katz, and their families and affiliated enterprises (the “Wilpon/Katz Group”) last week formally requested the dismissal of the adversary proceeding commenced by Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”). In a two hour hearing before U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Fraud, Discovery, Debt, Mediation, Good faith, Title 11 of the US Code, Second Circuit, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Madoff trustee's amended complaint - more bad stuff 'bout the Mets (owners)
    2011-03-23

    Irving Picard, the trustee overseeing the liquidation of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Liquidation, Gross negligence, Unsecured creditor, The New York Times, Second Circuit, United States bankruptcy court, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The dog that didn't bark - Second Circuit's opinion in DBSD North America disallows gifting, but is silent on cramdown of secured creditor
    2011-03-02

    As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Bad faith, Secured creditor, Unsecured creditor, Secured loan, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit affirms unfavorable plan treatment of senior secured creditor in DBSD North America
    2010-12-10

    The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Good faith, Voting, Secured creditor, Unsecured creditor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit stays DBSD North America plan
    2010-10-07

    The chapter 11 case of DBSD North America, Inc. (“DBSD”), f/k/a ICO North America, has been marked by aggressive tactics and extreme positions from its commencement. DBSD, a non-operating satellite communications company, and its second lien noteholders made clear their intent to cram down a plan of reorganization (the “Plan”) on DBSD’s first lien lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Maturity (finance), Good faith, Secured creditor, Secured loan, Second Circuit
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit Requires Consideration of Efficient Market for Chapter 11 Cramdown Interest Rates
    2017-10-31

    Ruling overturns New York decision rejecting market-based approach.

    Key Points:

    • Court of Appeals for the Second Circuit requires courts to consider efficient market interest rate, if available, for purposes of chapter 11 “cramdown.”

    • Second Circuit decision overturns lower court ruling that used “formula approach” to determine appropriate chapter 11 cramdown interest rate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Second Circuit
    Authors:
    Mitchell A. Seider
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Out-of-Court Restructuring Transactions: What’s Old Is New Again after Marblegate
    2017-01-23

    Second Circuit’s reversal of controversial restructuring decision may boost confidence among distressed bond issuers.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Higher Education Act 1965 (USA), Second Circuit
    Authors:
    David A. Hammerman , Mitchell A. Seider , Keith A. Simon , Annemarie V. Reilly
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Ever-Expanding Safe Harbor Leaves Creditors’ Claims Stranded at Sea
    2016-04-12

    Second Circuit holds that Bankruptcy Code preempts creditors’ state law constructive fraud claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Federal preemption, Shareholder, Fraud, Leveraged buyout, Title 11 of the US Code, Second Circuit
    Authors:
    Mark A. Broude , Matthew L. Warren
    Location:
    USA
    Firm:
    Latham & Watkins LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 55
    • Page 56
    • Page 57
    • Page 58
    • Current page 59
    • Page 60
    • Page 61
    • Page 62
    • Page 63
    • …
    • 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