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    When tribal gaming goes sour... rights & remedies in an unclear legal environment
    2011-04-11

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Option (finance), Debt, Credit risk, Foreclosure, Balance sheet, Default (finance), Casino, Leverage (finance), Title 11 of the US Code
    Authors:
    Scott J. Greenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit’s Lehman Flip Clause Decision Continues the Expansion of the Bankruptcy Code Safe Harbors
    2020-09-02

    On August 11, 2020, the United States Court of Appeals for the Second Circuit affirmed lower court decisions rejecting Lehman Brothers Special Financing Inc.’s (“LBSF”) attempt to recover nearly $1 billion in payments to noteholders and enforcing certain Priority Provisions (defined below) that subordinated payments otherwise payable to LBSF under related swap transactions.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Title 11 of the US Code
    Authors:
    Eric Waxman , Michele C. Maman , Casey Servais , Ingrid Bagby
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    GAO Reviews Resolution Planning Requirements and the Role of the OLA
    2020-07-24

    In a report to several Congressional committees, GAO reviewed proposed and enacted changes to the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    “Caveat Emptor”: New York Bankruptcy Court Disallows Bankruptcy Claims Purchased from Recipients of Avoidable Transfers; Is Enron Going, Going, . . . ?
    2020-05-26

    A recent Bankruptcy Court decision, In re Firestar Diamond, Inc., out of the Southern District of New York (“SDNY”) by Bankruptcy Judge Sean H.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Due diligence, Title 11 of the US Code
    Authors:
    Michele C. Maman , Eric Waxman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    No, You’re a Customer: Recent Second Circuit Decision Circumscribes Merit and Preempts State Law Impairment of Safe Harbor Protections in the Wake of a Failed LBO
    2020-01-07

    On December 19, 2019, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) affirmed a ruling of the United States District Court for the Southern District of New York (the “District Court”) dismissing constructive fraudulent conveyance claims brought by representatives of certain unsecured creditors of Chapter 11 debtor Tribune Company (“Tribune”)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Title 11 of the US Code
    Authors:
    Ingrid Bagby , Michele C. Maman , Eric Waxman , Samantha Greenfield
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan
    2019-09-10

    On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”)1 with a prominent backstopped rights offering component.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Title 11 of the US Code
    Authors:
    Ingrid Bagby , Michele C. Maman , Eric Waxman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit Affirms Rulings That Distributions to TCEH First Lien Creditors Are Governed by the Bankruptcy Code Rather Than Intercreditor Agreement Waterfall Provision on Enforcement of Collateral Remedies
    2019-06-24

    On June 19, 2019, the United States Court of Appeals for the Third Circuit (the “Third Circuit”) affirmed a ruling of the United States District Court for the District of Delaware (the “District Court”) dismissing challenges by certain first lien creditors of Texas Competitive Electric Holdings LLC (“TCEH”) to the plan distributions and adequate protection payments made during TCEH’s bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Title 11 of the US Code
    Authors:
    Howard R. Hawkins Jr. , Mark C. Ellenberg , Michele C. Maman , Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    FERC Seeks Sixth Circuit Rehearing En Banc Regarding Its Role in Bankruptcy Proceedings
    2020-02-05

    On January 27, 2020, FERC petitioned the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) for rehearing en banc of that court’s decision finding bankruptcy court-FERC concurrent jurisdiction over certain power purchase agreements. Notwithstanding such concurrent jurisdiction, the Sixth Circuit’s decision finds that the bankruptcy court’s concurrent jurisdiction is paramount, and that therefore, FERC-jurisdictional power purchase agreements are susceptible to rejection in bankruptcy.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Troutman Pepper, Title 11 of the US Code, Federal Power Act 1920 (USA), FERC, Sixth Circuit, U.S. Court of Appeals
    Authors:
    Tom Marshall
    Location:
    USA
    Firm:
    Troutman Pepper
    'Cram ups' of below market secured debt: a transformative restructuring strategy?
    2011-03-28

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 13 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bond market, Bankruptcy, Debtor, Interest, Debt, Holding company, Balance sheet, Default (finance), Leverage (finance), Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Third Circuit Court of Appeals Upholds Motion for Summary Judgment in FDCPA Case
    2019-10-28

    In a non-precedential ruling, the Court of Appeals for the Third Circuit upheld a district court decision to grant summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper

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