SDNY Bankruptcy Court holds that “soft dollar” claims are not customer claims under SIPA *

USA - August 22 2012
On July 10, 2012, Judge James M. Peck of the Bankruptcy Court for the Southern District of New York ruled that so-called “soft dollar” claims do not qualify for treatment as customer claims under the Securities Investor Protection Act.

Co-authors: Casey Servais.

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Hostess court dismisses motion to reject expired collective bargaining agreements under Bankruptcy Code Section 1113 *

USA - August 20 2012
On June 22, 2012, Judge Robert Drain of the United States Bankruptcy Court for the Southern District of New York granted the motion of the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union to dismiss Hostess’s motion to reject certain expired collective bargaining agreements. 

Co-authors: Doug Mintz, Jeffrey H. Taub .

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SDNY Bankruptcy Court opens door for rule 2004 use in Chapter 15 *

USA - June 28 2012
On May 25, 2012, Judge Allan L. Gropper of the United States Bankruptcy Court for the Southern District of New York approved a motion to compel the production of certain documents under section 1521 of the Bankruptcy Code.

Co-authors: Andrew M. Greenberg .

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In re Heritage Highgate, Inc.: timing is everything to secured creditors facing valuation issues *

USA - May 25 2012
On May 14, 2012, the United States Court of Appeals for the Third Circuit upheld a ruling by the Bankruptcy Court for the District of New Jersey that the fair market value of a creditor’s collateral as of the plan’s confirmation date is the proper method of valuing a secured creditor’s claim pursuant to section 506(a) of the Bankruptcy Code.

Co-authors: Matthew J. Oliver.

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Roll-up financing gains prominence *

USA - June 15 2010
A "roll-up" is a form of postpetition financing which has the effect of elevating the priority of prepetition debt.

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