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
    Second Circuit rejects gifting exception to absolute priority rule and affirms vote designation for claims acquired in bad faith
    2011-02-17

    The United States Court of Appeals for the Second Circuit (the “Second Circuit”) on February 7, 2011 issued an opinion rejecting the often used gifting doctrine in the context of a plan of reorganization on the one hand, while affirming vote designation for claims not purchased in good faith on the other.In re DBSD N. Am., Inc., __ F.3d __, 2011 WL 350480 (2d Cir. Feb. 7, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Share (finance), Bankruptcy, Shareholder, Unsecured debt, Interest, Federal Reporter, Debt, Good faith, Voting, Bad faith, Secured creditor, Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    In re TOUSA, Inc.: commercial lending and debt trading markets breathe a sigh of relief
    2011-02-17

    A degree of certainty—for the time being—has been restored for participants in the commercial lending and debt trading markets who have been tracking the appeal of a controversial 2009 fraudulent transfer decision in the TOUSA, Inc. bankruptcy case.i On February 11, 2011, Judge Gold of the United States District Court for the Southern District of Florida quashed (or nullified)ii the bankruptcy court’s decision, which ordered a group of lenders to disgorge $480 million received in connection with loans they extended to a joint venture involving TOUSA, Inc.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Bankruptcy, Interest, Debt, Due diligence, Bad faith, Subsidiary, Gross negligence, United States bankruptcy court
    Authors:
    Larren M. Nashelsky , Rafael L. Petrone , Geoffrey R. Peck , Chrys A. Carey
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    District court quashes controversial TOUSA fraudulent transfer decision
    2011-02-22

    In a recent 113-page decision, Judge Alan S. Gold of the U.S. District Court for the Southern District of Florida quashed the TOUSA Bankruptcy Court’s previous controversial fraudulent conveyance decision that required secured lenders (the "Transeastern Lenders") to disgorge approximately $480 million received in settlement of their claims against TOUSA.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bond (finance), Bankruptcy, Unsecured debt, Interest, Debt, Joint venture, Conveyancing, Default (finance), Line of credit, Subsidiary, United States bankruptcy court
    Authors:
    Craig A. Barbarosh , Karen B. Dine , Erica Edman Carrig , Brandon R. Johnson
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    The largest marcher in the parade of reported PHI security breaches: NYC health and hospitals corporation's North Bronx Healthcare Network
    2011-02-22

    This blog series has been following the continuing flow of large security breaches of Protected Health Information (“PHI”) and how affected providers and insurers have been responding to their discovery. The New York City Health and Hospitals Corporation’s North Bronx Healthcare Network (“HHC”) has recently become perhaps the largest marcher in the parade of PHI security breaches with a reported 1,700,000 persons affected.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Fox Rothschild LLP, Information privacy, Unsecured debt, Electronic health record, Personally identifiable information, Liability insurance, Social Security number, Credit report monitoring, US HHS, Health Insurance Portability and Accountability Act 1996 (USA), HITECH Act 2009 (USA)
    Authors:
    Michael J. Kline
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    TOUSA fraudulent transfer decision reversed by district court
    2011-02-22

    Reversing a controversial decision and judgment of the bankruptcy court, the United States District Court for the Southern District of Florida has held that a group of lenders who received payment in settlement of their defaulted debt from the proceeds of new loans secured by the assets of certain subsidiaries of TOUSA, Inc. which were not themselves liable on that debt, did not receive fraudulent transfers.

    Filed under:
    USA, Florida, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Debtor, Interest, Debt, Foreclosure, Good faith, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Measuring damages in a commercially reasonable way under the Bankruptcy Code
    2011-02-21

    On February 16th, the Third Circuit addressed an issue of first impression and held that the discounted cash flow method was the proper measure of damages under Bankruptcy Code Section 562 when a market price cannot be determined. The parties had entered into a $1.2 billion repurchase agreement for a portfolio of home mortgages. On the day the debtor defaulted, the distressed state of the credit markets made it commercially unreasonable for the purchaser to sell the portfolio and the market price would not reflect the asset's worth.

    Filed under:
    USA, Insolvency & Restructuring, Winston & Strawn LLP, Bond market, Debtor, Mortgage loan, Default (finance), Discounted cash flow, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    District court reverses TOUSA decision
    2011-02-18

    A recent decision from the United States District Court for the Southern District of Florida (the "Court") [1] reversed a controversial 2009 decision from the Bankruptcy Court in the litigation styled Official Committee of Unsecured Creditors of TOUSA, Inc. v. Citicorp North America, Inc.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, LeClairRyan, Bond (finance), Bankruptcy, Debtor, Interest, Debt, Legal burden of proof, Due diligence, Bad faith, Default (finance), Subsidiary, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    LeClairRyan
    Florida district court sends strong message regarding expansive interpretation of fraudulent conveyance law in bankruptcy
    2011-02-18

    In a 113-page decision (click here to read decision) that is sure to be applauded by lenders and bond traders alike, Judge Alan S. Gold of the United States District Court for the Southern District of Florida, in overturning a Bankruptcy Court opinion that has caused lenders much concern, has issued a stern ruling that provides a bulwark against efforts by creditors and trustees in bankruptcy to expand the scope of the fraudulent conveyance provisions under the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Bankruptcy, Surety, Unsecured debt, Debt, Joint venture, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sandra E. Mayerson , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Additional set-off rights against cash collateral accounts - better be clear
    2011-02-18

    Bank of America N.A. v. Lehman Brothers Holdings Inc. and Lehman Brothers Special Financing Inc. 439 B.R. 811 (2010) (U.S. Bankr. Ct., S.D.N.Y.)

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Bankruptcy, Surety, Collateral (finance), Swap (finance), Debt, Common law, Lehman Brothers cases, Secured loan, Bank of America, Lehman Brothers, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Stikeman Elliott LLP
    Third Circuit affirms discounted cash flow as commercially reasonable measure of repurchase agreement damages claim
    2011-02-18

    The United States Third Circuit Court of Appeals (the "Third Circuit") issued an opinion on February 16, 2011 in the American Home Mortgage chapter 11 proceeding that upheld a determination by the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") on the valuation of a creditor’s claim that in connection with the termination and acceleration of a mortgage loan repurchase agreement.1 The decision is significant because the Third Circuit affirmed the Bankruptcy Court’s decision that the post-acceleration market value of the mortgage loans was not a relevant m

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Debtor, Statutory interpretation, Mortgage loan, Default (finance), Market value, Valuation (finance), Discounted cash flow, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Aimee M. Cummo , Hugh M. McDonald , E. Lee Smith
    Location:
    USA
    Firm:
    Dentons

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 689
    • Page 690
    • Page 691
    • Page 692
    • Current page 693
    • Page 694
    • Page 695
    • Page 696
    • Page 697
    • …
    • 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