U.S. Supreme Court upholds lenders’ credit-bidding rights *

Canada - May 30 2012
The U.S. Supreme Court ruled on May 29, 2012, that secured lenders have the right to credit bid their debt instead of having to pay cash in an auction of their collateral as part of a Chapter 11 plan of reorganization.

---

Eleventh Circuit reverses District Court’s TOUSA decision and finds lenders liable on fraudulent transfers *

Canada - May 18 2012
The U.S. Court of Appeals for the 11th Circuit recently issued its opinion in one of the largest fraudulent transfer litigations against lenders.

Co-authors: Darien G. Leung.

---

U.S. bankruptcy court bars tolling of fraudulent conveyance look-back period *

Canada - February 2 2012
A U.S. bankruptcy judge in Delaware has held that the two-year "look-back" period in which a transfer occurring within two years of the bankruptcy petition filing date may be avoided, under Section 548 of the U.S. Bankruptcy Code, cannot be equitably tolled.

Co-authors: Darien G. Leung.

---

U.S. Supreme Court to decide lenders' credit bidding rights *

USA - December 13 2011
From time immemorial, banks and other secured lenders have relied on their ability to "credit bid" for their collateral as a key source of protection and negotiating leverage against debtors and competing bankruptcy acquirors.

---

Limitation of Chapter 15 jurisdiction thwarts foreign funds’ claims against investors *

Canada - September 22 2011
U.S. bankruptcy courts may be advantageous forums for foreign liquidators to organize large scale lawsuits; however, courts will impose limitations.

Co-authors: William F. Gray, Jr. .

---