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    "I'll sit this one out" - Fifth Circuit permits secured creditor to disregard Chapter 11 case
    2013-08-28

    A few weeks ago in In re S. White Transportation, the U.S. Court of Appeals for the Fifth Circuit permitted a secured creditor that had indisputably received notice of the debtor’s chapter 11 case, but took no steps to protect its interests until after the confirmation of the debtor’s plan, to continue to assert a lien against the debtor’s property post-confirmation. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Statutory interpretation, Secured creditor, Fifth 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
    Madoff trustee seeks summary judgment with respect to fictitious profits, Mets' owners with respect to principal repayments -- "Jack Sprat" approach could resolve entire case
    2012-02-02

    The adversary proceeding of Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”), against Fred Wilpon and Saul Katz, the owners of the New York Mets, and their families and affiliated enterprises (the “Wilpon/Katz Group”), could be substantially resolved over the next few weeks. Although the trial is scheduled to begin on March 19, each side intends to ask Judge Jed S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Seventh Circuit dodges intra- and inter-circuit conflict regarding res judicata and bankruptcy
    2011-08-15

    MATRIX IV, INC. v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO (July 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Breach of contract, Fraud, Res judicata and issue estoppel, Estoppel, Summary offence, Common law, Collateral estoppel, Collusion, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Court adopts "purpose" test to determine whether loan is "educational"
    2011-03-07

    BUSSON-SOKOLIK v. MILWAUKEE SCHOOL OF ENGINEERING (February 10, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Costs in English law, Waiver, Debt, Default judgment, Bad faith, Frivolous litigation, Bankruptcy discharge, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Pro-rata calculation of pre-petition portion of tax refund was reasonable
    2010-08-11

    IN RE: MEYERS (August 2, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Debt, Liability (financial accounting), Legal burden of proof, Prima facie, Pro rata, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Practical issues of private international law arising in cross-border insolvencies
    2019-07-19

    Forum bias, along with some technical issues, are still challenges in cross-border insolvencies in Australia

    Just over ten years ago, Lehman Brothers filed for bankruptcy in the US, which turned out to be one of the largest cross-border insolvency cases in history.

    Last year also marks:

    Filed under:
    Australia, Global, United Kingdom, USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy, Debtor
    Authors:
    Karen O'Flynn
    Location:
    Australia, Global, United Kingdom, USA
    Firm:
    Clayton Utz
    US District Court upholds safe harbour protection of swap agreements from ipso facto prohibitions - lessons for Australia
    2018-04-12

    In June 2016, Judge Chapman of the US Bankruptcy Court handed down a landmark decision in In re Lehman Bros. Holdings Inc., 553 B.R. 476 (Bankr S.D.N.Y.

    Filed under:
    Australia, USA, Derivatives, Insolvency & Restructuring, Litigation, Clayton Utz, Lehman Brothers, United States bankruptcy court
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, USA
    Firm:
    Clayton Utz
    The Courts flip-flopping (again) on the validity of “flip clauses”
    2016-09-01

    Judge Chapman’s judgment is obviously a welcome development for participants in the structured capital markets, particularly those who transact regularly with US counterparties.

    Filed under:
    Australia, United Kingdom, USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Collateralized debt obligation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, United Kingdom, USA
    Firm:
    Clayton Utz
    US Bankruptcy Court flips English decision on flip clauses in Lehman Brothers case
    2010-02-05

    On 25 January 2010, the United States Bankruptcy Court handed down its much anticipated decision in relation to an action brought in that court by two Lehman Brothers entities (the Lehman entities) against BNY Corporate Trustee Services Limited (BNY) (the US Decision).

    Filed under:
    Australia, USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Bankruptcy, Swap (finance), Default (finance), Title 11 of the US Code, Lehman Brothers, Court of Appeal of England & Wales, United States bankruptcy court
    Location:
    Australia, USA
    Firm:
    Clayton Utz

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