Court holds that Stockton is eligible to file for chapter 9 *

USA - April 3 2013
On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection…

Co-authors: John J. Rapisardi, Lary Stromfeld , Mark C. Ellenberg, Thomas Curtin .

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In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court refuses to send cash collateral dispute to arbitration *

USA - February 4 2013
On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute…

Co-authors: Michael A. Stevens.

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KB toys: Delaware Bankruptcy Court weighs in on claims trading *

USA - June 11 2012
On May 4, 2012 Judge Kevin J. Carey of the U.S. Bankruptcy Court for the District of Delaware held that a claim against a debtor’s estate, transferred to a third party, is subject to the same infirmities as in the hands of the original holder of the claim.

Co-authors: Andrew M. Greenberg , Zachary Smith.

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Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment” *

USA - April 17 2012
On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code.

Co-authors: Casey Servais, Mark C. Ellenberg, Peter M. Friedman, Douglas S. Mintz.

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Third Circuit upholds use of discounted cash flow method under Bankruptcy Code Section 562 in In re American Home Mortgage Holdings, Inc., et al. *

USA - March 2 2011
On February 16, 2011, the United States Court of Appeals for the Third Circuit ruled that a discounted cash flow analysis constituted "a commercially reasonable determinant[] of value" for purposes of section 562(a) of the United States Bankruptcy Code.

Co-authors: Mark C. Ellenberg, Douglas S. Mintz.

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