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The effect of bankruptcy on an out-of-the-money swap by Timothy Lin and Sara Cullen
- Richards Kibbe & Orbe LLP
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- USA
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- August 6 2012
The ISDA Master Agreement serves as the basis for the vast majority of over-the-counter derivatives transactions
Swap parties may be able to streamline litigation when payments are missed
- Richards Kibbe & Orbe LLP
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- USA
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- May 23 2012
In an important decision that could allow participants in the swap market to more quickly enforce a counterparty’s payment obligations, Justice Bernard J. Fried of the Supreme Court for New York County has held for the first time that liability for a payment default under an ISDA-based swap agreement can be decided on an expedited basis using a New York procedural mechanism known as a motion for summary judgment in lieu of a complaint
MSHDA v. Lehman: trying to keep the safe harbor safe for swap counterparties
- Richards Kibbe & Orbe LLP
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- USA
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- June 24 2011
On January 25, 2010, United States Bankruptcy Court Judge James M. Peck issued a decision that limited the ability of parties to swap transactions to enforce certain of their contractual rights against a counterparty that has filed for bankruptcy
Lehman update: derivatives creditors file a competing plan
- Richards Kibbe & Orbe LLP
- -
- USA
- -
- April 26 2011
On April 25, 2011, as widely expected, a group of Lehman creditors holding claims arising from terminated derivatives transactions filed a competing plan of reorganization and related disclosure statement in the Debtors' chapter 11 cases
New York court enforces “Big Boy” disclaimers in credit default swap transaction but permits novel credit rating claim to proceed
- Richards Kibbe & Orbe LLP
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- USA
- -
- April 23 2010
A New York trial court recently enforced contractual disclaimers of reliance ("Big Boy" provisions) in a credit default swap ("CDS") context
Equity and debt decoupling: derivative instruments challenge fundamental assumptions of corporate and bankruptcy law
- Richards Kibbe & Orbe LLP
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- USA
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- June 13 2008
The rapid growth in derivatives as hedging instruments, particularly through equity swaps, credit default swaps ("CDS") and loan credit default swaps ("LCDS"), has challenged fundamental assumptions underlying corporate governance law, federal shareholder disclosure requirements and bankruptcy law
