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    In re Fairfield Sentry Ltd.: Second Circuit Court of Appeals provides guidance to “COMI” determinations in Chapter 15 cases
    2013-04-19

    On April 16, 2013, in Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.),1 the US Court of Appeals for the Second Circuit issued an important decision informing fundamental concepts of cross-border insolvency law as implemented pursuant to Chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Brian Trust , Frederick D. Hyman , Joel Moss
    Location:
    USA
    Firm:
    Mayer Brown
    U.S. Supreme Court upholds secured lenders’ right to credit bid in sale of collateral under plan of reorganization
    2012-05-30

    The U.S. Supreme Court has ruled that a secured creditor cannot be denied its right to “credit bid”—i.e., to offset the amount of its debt against the purchase price of assets, rather than bidding in cash—in sales of collateral undertaken in connection with plans of reorganization under Chapter 11 of the Bankruptcy Code. In so ruling, the Court resolved a widely publicized split of authority among the Circuit Courts of Appeal, and rejected the Third Circuit’s ruling in the Philadelphia Newspapers case.1

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Credit (finance), Collateral (finance), Statutory interpretation, Debt, Secured creditor, Secured loan, Title 11 of the US Code
    Authors:
    Brian Trust , Howard S. Beltzer , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    Omega Navigation provides further test of a foreign debtor's access to the protection of the US bankruptcy courts
    2011-12-14

    In the course of the next few weeks, Omega Navigation Enterprises, Inc. and its affiliates (collectively, “Omega”), an international shipping enterprise, will find out if motions by certain of their lenders to, among other things, dismiss Omega’s chapter 11 bankruptcy proceedings have been granted by the U.S. Bankruptcy Court for the Southern District of Texas.1 If not, then Omega may be permitted to continue its attempt to reorganize its business under chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ashley Katz , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    In re Ultra Petroleum Corp.
    2020-11-19

    On remand from the Fifth Circuit, in its October 26, 2020, decision in In re Ultra Petroleum Corp.,1 the US Bankruptcy Court for the Southern District of Texas ruled that (1) make-whole premiums are allowed by the Bankruptcy Code under appropriate circumstances and (2) a solvent debtor must pay pos

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Aaron Gavant , Sean T. Scott , Alexander F. Berk , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    Lehman bankruptcy court denies contractual right to three-party setoff in bankruptcy
    2011-10-05

    The Bankruptcy Court for the Southern District of New York has held that a cross-affiliate netting provision in an ISDA swap agreement is unenforceable in bankruptcy. In the SIPA proceedings of Lehman Brothers Inc. (LBI), UBS AG (UBS) sought to offset UBS’s obligation to return excess collateral to LBI against claims purportedly owed by LBI to UBS subsidiaries, UBS Securities and UBS Financial Services.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Collateral (finance), Foreign exchange market, Swap (finance), Common law, Subsidiary, Title 11 of the US Code, UBS, International Swaps and Derivatives Association, Lehman Brothers, Delaware Supreme Court, United States bankruptcy court, US District Court for SDNY
    Authors:
    Howard S. Beltzer , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Second Circuit: Lehman Brothers “Flip Clause” Payments Are Protected Settlement Payments and Not Void as Ipso Facto Bankruptcy Provisions
    2020-08-11

    Almost 12 years after the commencement of the Lehman Brothers bankruptcy case, we now know the answer to one of that case’s most interesting questions—namely, whether so-called “flip clauses” are protected settlement payments or void as ipso facto bankruptcy provisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code
    Location:
    USA
    Firm:
    Mayer Brown
    New York district courts differ regarding the scope of the Bankruptcy Code’s “safe harbors” for protected contracts
    2011-10-05

    The District Court for the Southern District of New York recently issued an opinion in Picard v. Katz, et al., (In re Bernard L. Madoff Investment Securities LLC),1 which limits avoidance actions against a debtor-broker’s customers to those arising under federal law based on actual, rather than constructive, fraud. The decision was issued by US District Judge Rakoff in the Trustee’s suit against the owners of the New York Mets (along with certain of their friends, family and associates).

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Security (finance), Fraud, Federal Reporter, Limited liability company, Liquidation, Good faith, Due diligence, Title 11 of the US Code, Second Circuit, Trustee
    Authors:
    Brian Trust , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy Courts Address Impact of COVID-19 Coronavirus With Unique Orders
    2020-04-15

    As courts across the country deal with scaled back operations due to the COVID-19 pandemic, bankruptcy courts in New Jersey and Delaware have issued novel orders to address the impact of the virus on certain debtors. Last month, debtors in the chapter 11 bankruptcy cases of Modell’s Sporting Goods, Inc. and CraftWorks Parent, LLC each sought and obtained court orders suspending certain case activity which, for all intents and purposes “mothballed” the cases for a certain period of time.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Title 11 of the US Code
    Authors:
    Sean T. Scott , Aaron Gavant , Alexander F. Berk
    Location:
    USA
    Firm:
    Mayer Brown
    Commercial paper redemption “safe harbored” from preference liability per Second Circuit Court of Appeals
    2011-07-11

    The US Court of Appeals for the Second Circuit recently held that redemptions of commercial paper made through the Depositary Trust Company (DTC) are entitled to the “safe harbor” protections afforded to settlement payments under Bankruptcy Code Section 546(e), and are, therefore, not preferential transfers, even though such payments were made prior to maturity.1 The Second Circuit is the first Circuit Court of Appeal to address the issue, which arises out of the Enron bankruptcy case.

    Legal Framework

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Security (finance), Safe harbor (law), Market liquidity, Commodity, Debt, Maturity (finance), Line of credit, Commercial paper, Title 11 of the US Code, Enron, Second Circuit, United States bankruptcy court
    Authors:
    Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Our 12 Most Common Insolvency Questions in Receivables and Payables Finance
    2020-04-15

    Supply chain finance products have a well-deserved reputation of being fairly low risk propositions. The majority of facilities are uncommitted, exposures are typically short-term and many counterparties are highly rated and well capitalized.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Title 11 of the US Code
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown

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