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Ninth Circuit holds that debt can be recharacterized as equity
- Katten Muchin Rosenman LLP
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- USA
- -
- June 5 2013
The US Court of Appeals for the Ninth Circuit recently resolved a split within the circuit when it held that a bankruptcy court has the power to
Trademark licensee’s rights survive rejection of license in bankruptcy in Sunbeam decision
- Katten Muchin Rosenman LLP
- -
- USA
- -
- July 17 2012
In reaction to a decision by the U.S. Court of Appeals for the Fourth Circuit, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), in which the court held that a licensee of patents, copyrights and trademarks loses its rights if the trustee or debtor in possession rejects a license under the Bankruptcy Code under which the debtor was the licensor, Congress enacted section 365(n) of the Bankruptcy Code (11 U.S.C. 365(n
Lehman Brothers court, building on Semcrude and Swedbank decisions, denies triangular setoff by swap counterparty
- Katten Muchin Rosenman LLP
- -
- USA
- -
- October 11 2011
The United States Bankruptcy Court for the Southern District of New York (the Court), has held that section 553(a) of the Bankruptcy Code prohibits a swap counterparty from setting off amounts owed to the debtor against amounts owed by the debtor to affiliates of the counterparty, notwithstanding the safe harbor provision in section 561 of the Bankruptcy Code and language in the ISDA Master Agreement permitting the swap counterparty to effect “triangular” setoffs
Clawback of fraudulent transfers from investors“good faith” defense update
- Katten Muchin Rosenman LLP
- -
- USA
- -
- September 30 2010
Given the overarching Madoff Ponzi scheme as well as other mini-Madoff schemes that surfaced in its wake, many have been following issues arising from the ability of a trustee to claw back transfers (either as preferential or as fraudulent transfers) from investors who redeemed their interests in a private investment fund or managed account that turned out to be a Ponzi scheme
Lehman Brothers debtors file joint plan
- Katten Muchin Rosenman LLP
- -
- USA
- -
- March 17 2010
Lehman Brothers Holdings Inc. (LBHI) and its affiliated U.S. chapter 11 debtors (the “Debtors”) filed a joint plan with the Bankruptcy Court on March 15, the last day on which the Debtors who filed petitions on September 15, 2008, had the exclusive right to file a plan
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