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    SDNY denies payment of administrative expense claim by relying on the operative document as a whole and rejecting a statutory rule of construction
    2013-02-26

    On December 13, 2012, Judge Vincent L. Briccetti from the United States District Court of the Southern District of New York denied the appellant Notes Trustee’s request to compel payment of an administrative expense claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Statutory interpretation, Motion to compel, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Velo Holdings KEIP approved by SDNY Bankruptcy Court
    2012-07-24

    On June 6, 2012, Bankruptcy Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved a $2.875 million key employee incentive plan (“KEIP”) in the Velo Holdings bankruptcy cases over the objection of the U.S. Trustee finding that it was primarily incentivizing and a sound exercise of the debtors’ business judgment.  Inre Velo Holdings Inc., Case No. 12-11384 (MG), 2012 Bankr. LEXIS 2535 (Bankr. S.D.N.Y. 2012).  The decision follows well-settled law in the Southern District and Delaware regarding approval of KEIPs.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Business judgement rule, United States bankruptcy court, US District Court for SDNY
    Authors:
    Andrew M. Greenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy Court for Southern District of New York prohibits triangular setoff provided for in safe harbored contract
    2011-10-12

    On October 4, 2011, the United States Bankruptcy Court for the Southern District of New York ruled that a contractual right of a triangular (non-mutual) setoff was unenforceable in bankruptcy, even though the contract was safe harbored. In re Lehman Brothers, Inc., No. 08-01420 (JMP), 2011 WL 4553015 (Bankr. S.D.N.Y. Oct. 4, 2011).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Safe harbor (law), Swap (finance), Debt, Concession (contract), Standing (law), Liquidation, Common law, Title 11 of the US Code, UBS, Lehman Brothers, Delaware Supreme Court, United States bankruptcy court, US District Court for SDNY, Trustee
    Authors:
    Mark C. Ellenberg , Peter M. Friedman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Delaware Bankruptcy Court denies appointment of examiner despite statutory mandate
    2010-08-13

    The United States Bankruptcy Court for the District of Delaware recently denied the appointment of an examiner in U.S. Bank National Association v. Wilmington Trust Co. (In re Spansion, Inc.),1 despite the requirement in section 1104(c) of the Bankruptcy Code that the Court "shall" appoint an examiner in certain circumstances. In making this decision, Chief Bankruptcy Judge Kevin J.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Interest, Discovery, Debt, US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Matthew J. Oliver
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Spotlight on Sotomayor Second Circuit bankruptcy rulings
    2009-09-30

    On Thursday, August 6, 2009, the United States Senate confirmed Justice Sonia Sotomayor to the Supreme Court of the United States. As a former Judge on the Court of Appeals for the Second Circuit, Judge Sotomayor’s jurisprudence includes a number of decisions involving noteworthy bankruptcy cases. This article provides a brief survey of these decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Admiralty law, In rem jurisdiction, Securities fraud, US Securities and Exchange Commission, US Senate, SCOTUS, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy court modifies success fee payable to debtor’s financial advisor in pre-packaged bankruptcy
    2009-03-31

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Contractual term, Bankruptcy, Debtor, Interest, Contingent fee, Debtor in possession, Capital punishment, Leverage (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joseph Zujkowski
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lehman court orders outline rights of counterparties to safe harbored financial contracts
    2008-09-21

    September 21, 2008 Following a week of unprecedented market upheaval, players in financial contracts got some reassurance from the bankruptcy judge presiding over the liquidation of broker/dealer Lehman Brothers Inc. (“LBI”) and the sale of a portion of its assets to Barclays Capital Inc. (“BCI”).

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Collateral (finance), Security (finance), Swap (finance), Commodity, Foreclosure, Liquidation, Broker-dealer, Lehman Brothers, Securities Investor Protection Corporation, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Broad amendment provisions in intercreditor agreement pose significant risks to unwary subordinate lien creditors
    2008-02-26

    A recent decision of the United States Bankruptcy Court for the Southern District of New York underscores the risk to junior creditors of not understanding fully the scope of consent given to a senior creditor to modify its senior lending arrangements with a debtor under the terms of an intercreditor agreement. In Buena Vista Home Entertainment, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Credit (finance), Debtor, Breach of contract, Tortious interference, Debt, Consent, Supply chain, Liability (financial accounting), Maturity (finance), Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court refuses to send cash collateral dispute to arbitration
    2013-02-04

    On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration, notwithstanding a broad arbitration clause in the parties’ underlying agreement, because the decision to allow a debtor to use cash collateral constituted a “core” issue and was a fundamental aspect of the bankruptcy process. In re Hostess Brands, Inc., No. 12-22052 (RDD), 2013 WL 82914 (Bankr. S.D.N.Y. Jan. 7, 2013).

    Background

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Arbitration clause, Debtor in possession, United States bankruptcy court
    Authors:
    Michael A. Stevens , Michele C. Maman
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Judge Gropper denies the appointment of an official committee of equity holders in Kodak’s Chapter 11 cases
    2012-07-16

    On June 28, 2012, Judge Allan Gropper of the United States Bankruptcy Court for the Southern District of New York declined to appoint an official committee of equity holders in Kodak’s chapter 11 cases.  The bankruptcy court determined that the appointment of an official committee was not warranted at that time, given that the costs to the bankruptcy estates would be substantial and equity’s interests were already represented by other constituencies seeking to maximize value and by a sophisticatedad hoc group of shareholders.  In re Eastman Kodak Company, Case No

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, United States bankruptcy court
    Authors:
    Audrey Aden Doline , Matthew J. Oliver
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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