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Results: 1-10 of 28

Not so secret - when under seal isn't enough

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • May 10 2013

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under 107 of

Center of main interest the Second Circuit weights in

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • April 18 2013

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") introduced the most comprehensive amendments to United States

Everything you need to know about the ordinary course of business preference defense, and more!

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • April 15 2013

Congress enacted the ordinary course of business defense to the avoidance of preferential transfers to protect recurring, customary transactions in

Electricity is a good subject to Section 503(b)(9) priority status: a shocking development?

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • March 18 2013

Bankruptcy Code Section 503(b)(9) litigations have sometimes yield "shocking results". There is no pun intended here. This article discusses a recent

Innovative solutions must be applied to fronting insurance and collateral problems in bankruptcy

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • March 6 2013

Large businesses and organizations that self-insure their legally mandated insurance requirements often use "fronting" policies in which the

Debtors may not be able to keep the KEIP

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • August 30 2012

In two recent decisions, the United States Bankruptcy Court for the Southern District of New York denied motions by large chapter 11 debtors to approve executive bonus plans designated as key employee incentive plans ("KEIP"), finding that the proposed KEIPs actually were disguised and impermissible retention or "pay to stay" bonus plans for insiders

Lumbermens Mutual Casualty Company placed into rehabilitation: what you should be doing to protect and prepare to assert your claims

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • July 30 2012

On July 2, 2012, the Illinois Department of Insurance (IDOI) entered an Agreed Order of Rehabilitation against Lumbermens Mutual Casualty Company and American Manufacturers Mutual Insurance Company, which is the part of the Lumbermens Mutual Group formerly known as Kemper (collectively, “Lumbermens”

The KERP is back!

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • July 26 2012

In a recent decision involving Global Aviation Holdings, Inc. and its affiliated debtors (collectively, the “Debtors”), the United States Bankruptcy Court for the Eastern District of New York (the "Bankruptcy Court") granted the Debtors' motion for approval of a key employee retention plan (the “KERP Motion”) pursuant to sections 363(b) and 503(c)(3) of Title 11 of the United States Code (the “Bankruptcy Code”) over the objections (“Objections”) of both the United States Trustee for Region 2 (the “UST”) and the official committee of unsecured creditors (the “Committee”

When termination is not termination: NY and NJ bankruptcy courts’ views on leases

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • July 2 2012

Given the spate of bankruptcies filed over the last few years, including by large-scale tenants such as Borders, Linens 'n Things, and Circuit City, and the tenuous financial condition of big-box retailers such as Best Buy, it is important for both landlords and tenants to understand the benefits and limitations of bankruptcy protection as it relates to the status of a bankrupt tenant’s leasehold interest

Will voluntary bankruptcies trigger recourse?

  • Lowenstein Sandler PC
  • -
  • USA
  • -
  • July 2 2012

In somewhat related news, in two recent New York Supreme Court rulings, judges upheld the validity of “bad boy” guarantees that included as non-recourse exceptions or “bad boy” acts under the guarantee a voluntary bankruptcy filing by the borrower

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