Reed Smith LLP | Global Insolvency

The Donald Trumps Icahn - intercreditor agreement restrictions on junior lenders not controlling in consideration of approval of nonconsensual reorganization plan

01 December 2010

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Funds ‘earmarked’ for bondholders not property of the estate and not subject to avoidance

01 December 2010

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Creditors of insolvent subsidiaries may bring derivative actions against parent company’s officers and directors for breach of fiduciary duties

01 December 2010

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Bankruptcy court (mostly) dismisses complaint against pre-petition lenders based on alleged inequitable conduct

01 December 2010

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Swaps

01 December 2010

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Delaware Bankruptcy Court sheds light on the common interest doctrine preventing the waiver of privileged communications

01 December 2010

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Trustee’s use of strong-arm powers limited where state ucc gives priority to the lender that perfects its lien post-petition

01 December 2010

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Omission of plat in a mortgage renders its recording a nullity, provides no notice to the trustee and subjects the mortgage to avoidance

01 December 2010

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Consideration of a TRAC clause under the UCC and economic realities required to determine if equipment leases are true leases or disguised financing

01 December 2010

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Compensation distributions triggered by events outside the debtor’s control are property of the estate and subject to avoidance

01 December 2010

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