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    Second Circuit Picks a Side in Non-Consensual Third-Party Releases in Highly Anticipated Purdue Opinion
    2023-06-09

    Introduction

    Non-consensual third-party releases are provisions in reorganization plans that release non-debtor parties from liability to other non-debtor parties without the consent of all potential claimholders. These releases are frequently included in chapter 11 plans of reorganization. Most circuit courts allow these releases under certain circumstances; however, there is a split among circuit courts as to whether such non-consensual third-party releases are permitted by the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, Bankruptcy, Second Circuit, US District Court for the Southern District of New York, U.S. Court of Appeals
    Authors:
    Jacob Mezei
    Location:
    USA
    Firm:
    A&O Shearman
    In re Purdue Pharma L.P.: Second Circuit Reverses S.D.N.Y and Holds Bankruptcy Court Has Subject Matter Jurisdiction and Statutory Authority to Approve Sackler Family Releases
    2023-06-06

    On May 30, 2023, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) rendered a much anticipated opinion (the “Opinion”),1 reversing the order of the United States District Court for the Southern District of New York (the “District Court”) that the Bankruptcy Code does not permit non-consensual third-party releases of direct claims and affirming the order of the United States Bankruptcy Court for the Southern District of New York (the

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Supreme Court of the United States, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Katherine Drell Grissel , Kristie Torkildsen Duchesne , David S. Meyer , Steven M. Abramowitz , Bradley Foxman , Paul E. Heath , George R. Howard , Lauren R. Kanzer , Jessica C. Peet , William L. Wallander , Steven Zundell
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    2nd Circ. Ruling Confirms Equitable Ownership Viability
    2023-02-01

    What does it mean to own something? When should the law acknowledge that somebody really owns something, even if they don't formally own it?

    And when will courts recognize the economic reality that one person — say, a judgment debtor — in truth owns something, notwithstanding that person's painstaking efforts to keep formal legal title in the hands of others?

    The law has long recognized doctrines to disregard the existence, or pierc the veil, of corporate entities to which a debtor has transferred assets.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Omni Bridgeway, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York, U.S. Court of Appeals
    Authors:
    Jeff Newton
    Location:
    USA
    Firm:
    Omni Bridgeway
    Bankruptcy Court Issues Ruling on Ownership of Celsius Account Assets
    2023-01-31

    The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. Defined by section 541 of the Bankruptcy Code, “property of the estate” broadly encompasses the debtor’s interests in property, with certain additions and exceptions provided for in the Code. See 11 U.S.C. § 541. Difficult questions can arise in a contractual relationship between a debtor and a counterparty about whether an entity actually owns a particular asset or merely has some contractual right.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Cryptocurrency, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Earn Accounts are Property of the Estate: Celsius Update
    2023-01-17

    Earlier this month, the SDNY Bankruptcy Court answered one of the gating questions at the center of Celsius Network’s Chapter 11 bankruptcy regarding the ownership of the approximately $4.2 billion in crypto assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Crowell & Moring LLP, Cryptocurrency, US District Court for the Southern District of New York
    Authors:
    Richard J. Lee , Matthew Repetto
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Second Circuit Determines Agent’s Mistaken Payment of Principal to Lenders Does Not Invoke “Discharge-For-Value” Exception to Restitution
    2022-12-21

    On September 8, 2022, a three-judge panel in the United States Court of Appeals for the Second Circuit (the “Second Circuit”) reversed the United States District Court for the Southern District of New York (the “District Court”) when it determined that lenders of a syndicated loan facility to Revlon, Inc.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    William L. Wallander , David S. Meyer , Steven M. Abramowitz , Bradley Foxman , Kristie Torkildsen Duchesne
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Tenant security deposit or unsecured loan? State law disparity Leads to forfeiture
    2022-12-05

    Last month, Judge Caproni of the Southern District of New York issued a ruling stating that if a commercial lease does not require a landlord to hold a security deposit in trust and if there is no state statute generally requiring landlords to do so, the security deposit may not be recoverable by the tenant when the landlord files for bankruptcy. See 10FN Inc. v. Cerberus Business Finance LLC, 21-5996 (S.D.N.Y. Oct. 18, 2022).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, A&O Shearman, Bankruptcy, US District Court for the Southern District of New York
    Authors:
    Lisa M. Brill , Kris Ferranti , Jonathan Y. Newman
    Location:
    USA
    Firm:
    A&O Shearman
    New SDNY Decision on Administrative Priority for Executory Contracts
    2022-09-30

    To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” 11 U.S.C. § 503(b); id. § 507(a)(2).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US District Court for the Southern District of New York
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Another Delaware Bankruptcy Court Approves Third-Party Releases and Opt-Out Mechanisms Amidst Disagreements with Other Circuits
    2022-08-26

    On July 29, 2022, Laurie S.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Bankruptcy, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Steven M. Abramowitz , Kristie Torkildsen Duchesne , Bradley Foxman , Katherine Drell Grissel , Paul E. Heath , George R. Howard , Lauren R. Kanzer , David S. Meyer , Jessica C. Peet , William L. Wallander
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Voyager’s Bankruptcy Case is Picking Up Steam
    2022-08-16

    There is much to report since our last update on Voyager Digital’s bankruptcy case discussed here.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Crowell & Moring LLP, Bankruptcy, US District Court for the Southern District of New York
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP

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