Trustee | Global Insolvency

Fifth Circuit reverses equitable subordination of insiders’ secured loan

30 June 2008

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Breach of fiduciary duty claims dismissed, but conduct might still support equitable subordination or recharacterization

30 June 2008

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USA

Can an executory contract lose its executoriness? "Maybe," says the Second Circuit

01 August 2008

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Collateral surcharge denied despite inadequacy of carve-out due to express waiver in DIP financing agreement

01 August 2008

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Franchise agreements in bankruptcy: fiasco or fortuity?

01 August 2008

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Transferee(s) may be protected despite unknown bankruptcy of transferor

09 September 2008

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Bankruptcy Appeals Court limits lien-stripping in § 363(b) asset sale

18 August 2008

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Preferential transfer claims are not subject to pre-petition arbitration agreements

30 September 2008

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US Bankruptcy Court backs FSDS in Sea Containers case

30 September 2008

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Delaware bankruptcy court holds that private equity sale benefits from section 546(e) “settlement payment” safe harbor defense to fraudulent transfer action

31 October 2008

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