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
    Fourth Circuit sifts circumstances to deny a creditor any claim against a debtor where creditor received partial payment from a guarantor
    2007-10-04

    In National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.),1 the Fourth Circuit held that, where an unsecured creditor receives payment from a non-debtor guarantor in partial satisfaction of a claim against the debtor, for purposes of the creditor's claim against the debtor, the creditor may not choose to allocate such payment to post-petition interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Costs in English law, Surety, Debtor, Natural gas, Interest, Debt, Coal, Electricity, Electricity generation, Unsecured creditor, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    US Bankruptcy Court Enforces CDO Transaction Flip Clauses
    2017-05-08

    This article was published in a slightly different form in the November 2016 issue of Futures & Derivatives Law by The Journal on the Law of Investment & Risk Management Products.

    Introduction

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, White & Case LLP, United States bankruptcy court
    Authors:
    Ian Cuillerier , David Thatch , Rhys Bortignon
    Location:
    USA
    Firm:
    White & Case LLP
    Is getting US recognition of an off-shore fund insolvency proceeding now almost impossible?
    2008-07-14

    The November/December 2007 issue of Insolvency Notes featured an article highlighting a Manhattan-based federal bankruptcy court's refusal to officially recognize proceedings commenced in the Cayman Islands to liquidate two Bear Stearns-managed hedge funds that collapsed in June of that year.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White & Case LLP, Bankruptcy, Debtor, Consumer protection, Limited liability company, Hedge funds, Liquidation, Comity, Liquidator (law), Title 11 of the US Code, Facebook, Bear Stearns, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Second Circuit denies a creditors' committee standing to pursue an equitable subordination claim in bankruptcy
    2007-10-04

    In Official Committee of Unsecured Creditors v. Halifax Fund, L.P. (In re Applied Theory Corp.),1 the Second Circuit, in a per curiam opinion, held that an official committee of unsecured creditors (the "Committee"), under the circumstances, did not have the right to commence an adversary proceeding seeking the equitable subordination of claims held by insiders of a Chapter 11 debtor. The Applied Theory court rebuffed the Committee's characterization of its claim as a direct claim that the Committee could prosecute without the bankruptcy court's permission.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Consideration, Standing (law), Bright-line rule, Unsecured creditor, Derivative suit, Secured loan, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    White & Case LLP
    Third Circuit Denies Large Break-up Fee in High-Profile EFH Case
    2018-09-21

    The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case. In re Energy Future Holdings Corp., No 18-1109, 2018 U.S. App. LEXIS 25945 (3rd Cir. Sept. 13, 3018). The court held that the bidder’s efforts didn’t result in a benefit to the debtors’ estates.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court, Third Circuit
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Delaware Court Denies $60 Million Administrative Expense Claim in the EFH Case
    2018-08-09

    The Bankruptcy Court in Delaware recently denied a request for an administrative expense claim to an entity that tried but failed to buy a debtor’s key assets. The decision arises out of the first of three attempts by entities to purchase Oncor Electric Delivery Company LLC (“Oncor”) in the complex Energy Future Holdings Corp. bankruptcy cases. In re Energy Future Holdings Corp., 2018 Bankr. LEXIS 2257 (Bankr. D. Del. Aug.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    The Assignment of Leases in Bankruptcy Free of Prohibitions, Restrictions and Conditions
    2018-08-01

    In the era that preceded the Bankruptcy Reform Act of 1978 and its enactment of the Bankruptcy Code, bankruptcy estates often lost the value of leases and other contracts that could have been realized for creditors by use or sale as a result of termination provisions (either discretionary or ipso facto), limitations or outright prohibitions on assignment, and counterparty self-help.[1] The Code sou

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court, Third Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Bankruptcy Court Rules Section 327 Inapplicable to Certain Management Consultant Retentions
    2018-07-09

    Section 327(a) of the Bankruptcy Code imposes restrictions on the employment of professionals to assist a trustee, requiring that such professionals “not hold or represent an interest adverse to the estate” and be “disinterested persons.” Section 363(b) permits the trustee, after notice and a hearing, to “use, sell, or lease, other than in the ordinary course of business, property of the estate,” and does not impose restrictions on employment comparable to those of section 327(a).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, United States bankruptcy court
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    For Hawaiian Golf Project, it’s Aloha New Ownership, Aloha Old Debt
    2022-08-17

    The owners of an ambitious Hawaiian golf project in the Makaha Valley of Oahu said Aloha (hello) to new owners, and Aloha (goodbye) to old debt obligations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, United States bankruptcy court
    Location:
    USA
    Speak Now? The Ninth Circuit Weighs in on Appellate Standing
    2018-06-22

    A recent decision from the Ninth Circuit Court of Appeals highlights an existing circuit split regarding appellate standing.[1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Ninth Circuit, United States bankruptcy court
    Authors:
    Brian P. Guiney
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 393
    • Page 394
    • Page 395
    • Page 396
    • Current page 397
    • Page 398
    • Page 399
    • Page 400
    • Page 401
    • …
    • 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