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    The Twilight, or Rebirth, of Liability Management? Serta and Mitel Decisions Reach Opposite Conclusions on the Permissibility of Uptier Exchange Transactions

    07 January 2025

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    KYC - “Know Your Customer,” or Agent, or Financial Institution, to Qualify for the Bankruptcy Code Safe Harbors

    09 February 2024

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    It’s Time for a New Damages Calculation: SDNY Bankruptcy Court Applies the Time Approach to Limit Damages in Lease Terminations

    31 March 2023

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    SVB Financial Group Chapter 11 Case - Issues with the FDIC May Be Front and Center

    22 March 2023

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    SDNY Judge Affirms Broad Safe Harbor for Financial Contracts

    08 October 2021

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    “Caveat Emptor”: New York Bankruptcy Court Disallows Bankruptcy Claims Purchased from Recipients of Avoidable Transfers; Is Enron Going, Going, . . . ?

    26 May 2020

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    Second Circuit’s Lehman Flip Clause Decision Continues the Expansion of the Bankruptcy Code Safe Harbors

    02 September 2020

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    No, You’re a Customer: Recent Second Circuit Decision Circumscribes Merit and Preempts State Law Impairment of Safe Harbor Protections in the Wake of a Failed LBO

    07 January 2020

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    The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan

    10 September 2019

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    Trademark Licensees’ Rights Survive Bankruptcy Rejection

    31 May 2019

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