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1
SDNY Distinguishes Supreme Court, Holds Tribune Company's Leveraged Buyout Falls Within Section 546(e) Safe Harbor Provision
This case arises from Tribune's longstanding Chapter 11 bankruptcy that began in 2008
United States
22 Aug 2019
2
Lessor Repossession Of Property On Eve Of Lessee Bankruptcy: Voluntary Turnover Or Face Contempt
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court.
United States
20 Aug 2019
3
Decade Old Transactions Potentially Subject To Bankruptcy Clawback In Massachusetts
Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently
United States
19 Aug 2019
4
U.S. District Court Reverses Bankruptcy Court Order That Disallowed Default Interest To Commercial Lender Under California Law
Recently, the U.S. District Court for the Central District of California (sitting as an appellate court) reversed the lower bankruptcy court's order disallowing the portion of a lender's
United States
19 Aug 2019
5
US Bankruptcy Fee Flip: Legal Expenses For Unsecured Creditors; Considerations For Lenders And Administrative Agents
Pacific Gas and Electric Company's Chapter 11 filing earlier this year has highlighted an issue that is well settled but sometimes overlooked:
United States
16 Aug 2019
6
Delaware Bankruptcy Court Rules That Liquidation Trustee Controls The Privilege Of Board Of Directors' Special Committee
A Delaware bankruptcy court has held that a special committee's advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
United States
15 Aug 2019
7
Trustee Litigation Trend: Tuition Clawback
"An investment in knowledge always pays the best interest." Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success (1758).
United States
15 Aug 2019
8
Consignments: The Sports Authority Cases, Article 9 and the PEB
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge
United States
13 Aug 2019
9
Wealth Management Update - August 2019
Important federal interest rates continued to drop for August 2019.
United States
12 Aug 2019
10
English Court Provides Guidance On Director Liability For Dividends
A recent decision of the High Court of Justice in England & Wales in Re Burnden Holdings (UK) Limited (in liquidation) [2019] EWHC 1566 (Ch) ("Burnden Holdings") provides a thorough review.
United States
8 Aug 2019
11
What Happens To My Lease In Bankruptcy?
What happens to your lease if the lessee files bankruptcy? And what must be done if your lessee wants to continue to honor your lease despite the bankruptcy?
United States
7 Aug 2019
12
Milbank Represents Crossholder Ad Hoc Group Of Noteholders In The Restructuring Of Nyrstar Through An English Scheme Of Arrangement
Milbank has acted for the crossholder ad hoc group of noteholders (representing in excess of 70 percent of holders of Nyrstar's €340
United States
7 Aug 2019
13
Supreme Court Corner - 24 July 2019
A copyright claimant may commence an infringement suit when the Copyright Office registers a copyright.
United States
31 Jul 2019
14
Bankruptcy Court Determines That The Right Of A Surety To Recover Retainage In A Construction Contract Due To Equitable Subrogation Is Superior To A Creditor's Security Interest Even If Perfected
The decision presents an important take away for secured lenders-- if a construction project is incomplete, securing their loan solely with a security interest in a contractor's accounts receivables is a risky decision.
United States
30 Jul 2019
15
Discretionary Bonuses: Per Se Fraudulent Conveyances?
The Bankruptcy Code does not treat all unsecured creditors equally; public policy concerns dictate otherwise. Workers, for example, benefit from a priority given to payment of certain wages.
United States
30 Jul 2019
16
The Trademarking Of The "Basic Federal Rule In Bankruptcy"
A recent opinion from the Supreme Court in Mission Prod. Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019), reaffirms that bankruptcy does not change all that much.
United States
29 Jul 2019
17
Return Of Crown Preference At The Expense Of Floating Chargeholders
Much controversy followed the British government's announcement in 2018 that it intended to reintroduce a statutory priority for certain tax debts of companies subject to the UK insolvency regime.
United States
26 Jul 2019
18
Supreme Court: Rejection Of A Trademark License By A Bankrupt Licensor Doesn't Terminate The License
Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of a long-term contract and you are complying with the deal? Many
United States
25 Jul 2019
20
Millennium: Are Syndicated Loans Securities?
In litigation related to the Millennium bankruptcy, the trustee for the bankruptcy's litigation trust sued the agent banks that underwrote a $1.75 billion dollar loan to Millennium
United States
24 Jul 2019
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