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
    Bankruptcy Court for the Southern District of New York creates conflict with Third Circuit by holding safe harbor inapplicable to private securities transactions, even absent illegal conduct
    2011-04-27

    In what appears to be a matter of first impression, Bankruptcy Judge Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, has held that a statutory safe harbor against constructive fraudulent conveyance actions under the Bankruptcy Code involving securities transfers does not apply to the private sale of securities, even when there are no allegations of illegal conduct or fraud involved in the underlying transaction.

    Filed under:
    USA, New York, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Security (finance), Fraud, Safe harbor (law), Commodity broker, Secured loan, Pro rata, Small Business Administration (USA), Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Nicholas J. Brannick , Stephen D. Lerner , Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court denies certiorari to hear Bank of America’s challenge to Eleventh Circuit’s rule regarding lien stripping in chapter 7 bankruptcy cases
    2014-05-12

    The United States Supreme Court recently denied certiorari to an Eleventh Circuit appeal which would have addressed the issue of whether section 506(d) of the Bankruptcy Code permits a chapter 7 debt to “strip off”1 a wholly unsecured junior lien in Bank of America, N.A. v. Sinkfield.2 As a result, wholly unsecured junior creditors will continue to suffer the harsh consequence of having its junior lien completely “stripped off” in Eleventh Circuit bankruptcy cases, despite other Circuits around the country holding to the contrary.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Debtor, Small Business Administration (USA), Supreme Court of the United States, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman 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, Small Business Administration (USA), Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Court confirms CIT reorganization plan
    2009-12-08

    CIT Group Inc.

    Filed under:
    USA, New York, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Bankruptcy, Security (finance), Board of directors, Debt, Stock exchange, Preferred stock, New York Stock Exchange, Small Business Administration (USA), Chief executive officer, United States bankruptcy court
    Authors:
    Andrea L. Parisi
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Brief: Financial Services Litigation Quarterly Fall 2023
    2023-10-16

    THE BRIEF

    FINANCIAL SERVICES LITIGATION QUARTERLY

    FALL 2023

    1

    TABLE OF CONTENTS

    Were There Underwriting Requirements for PPP Loans After All? The Sound-Value Requirement May Pose Risk for PPP Lenders

    3

    Noteworthy10

    District Court Upholds New ERISA Rules on ESG Investing

    10

    Fourth Circuit Holds That Class-Action Waivers Must Be Addressed Before Class Certification

    12

    Ninth Circuit: Fees for Claims-Made Settlements Must Be Based on Actual Recovery

    13

    Filed under:
    USA, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Employee Retirement Income Security Act 1974 (USA), Climate change, ESG, Paycheck Protection Program, Telephone Consumer Protection Act 1991 (USA), CARES Act 2020 (USA), Consumer Financial Protection Bureau (USA), US Congress, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Recent Trends in Subchapter V
    2023-08-16

    In 2020, Congress enacted the Small Business Reorganization Act (SBA), which codified Subchapter V within Chapter 11 of the Bankruptcy Code. The newly added subchapter is remarkably powerful, and with the new additions from Congress, creates a streamlined process for small businesses to reorganize. After passing the SBA, Congress subsequently increased the applicable debt limits for businesses eligible for Subchapter V, from approximately $2.7 million to $7.5 million, which qualified many more businesses for Subchapter V relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, Small Business Administration (USA)
    Authors:
    Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Bankruptcy Court for the Southern District of New York creates conflict with Third Circuit by holding safe harbor inapplicable to private securities transactions, even absent illegal conduct
    2011-04-27

    In what appears to be a matter of first impression, Bankruptcy Judge Robert D. Drain, United States Bankruptcy Court for the Southern District of New York, has held that a statutory safe harbor against constructive fraudulent conveyance actions under the Bankruptcy Code involving securities transfers does not apply to the private sale of securities, even when there are no allegations of illegal conduct or fraud involved in the underlying transaction.

    Filed under:
    USA, New York, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Security (finance), Fraud, Safe harbor (law), Commodity broker, Secured loan, Pro rata, Title 11 of the US Code, Small Business Administration (USA), United States bankruptcy court, Third Circuit, US District Court for SDNY, Trustee
    Authors:
    Nicholas J. Brannick , Stephen D. Lerner , Jeffrey A. Marks
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws:
    2021-05-06

    squirepattonboggs.com 014-5095-0428/15/EUROPE Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 26 April 2021 squirepattonboggs.com squirepattonboggs.com Contents Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID-19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Due diligence, State aid, Coronavirus, Commercial tenant, Paycheck Protection Program, Corporations Act 2001 (Australia), CARES Act 2020 (USA), HM Revenue and Customs (UK), Small Business Administration (USA)
    Location:
    Global
    Firm:
    Squire Patton Boggs
    Director Fiduciary Duties May Extend Post-Closing in Multi-Stage Transactions
    2021-04-16

    A recent decision by the United States District Court for the Southern District of New York highlights directors’ fiduciary duty to evaluate all aspects of multi-stage transactions, including those portions to be effectuated post-closing by successor directors.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mintz, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Mintz
    English Court Confirms Expansive Jurisdiction to Reverse Transactions to Defraud Creditors Even Outside Insolvencies
    2021-05-28

    The ruling confirmed that Section 423 of the Insolvency Act 1986 has extensive international reach, and does not require a transaction at an undervalue to leave the debtor with insufficient assets.

    Background

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Small Business Administration (USA)
    Authors:
    Jessica Walker
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Current page 8
    • Page 9
    • Page 10
    • Page 11
    • Page 12
    • …
    • 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