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Professional’s pre-approved fixed fee award upheld by 2d Cir.

Schulte Roth & Zabel LLP
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USA
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January 16 2009

Financial advisors, investment bankers, lawyers and other professionals in reorganization cases should pay close attention to a decision of the U.S. Court of Appeals for the Second Circuit handed down on Jan. 6, 2009

Delaware’s high court affirms dismissal of creditor’s suit against directors

Schulte Roth & Zabel LLP
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USA
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May 25 2007

The Delaware Supreme Court affirmed on May 18, 2007, the Delaware Chancery Court’s dismissal of a breach of fiduciary duty suit brought by a creditor against certain directors of Clearwire Holdings Inc

Administrators for Lehman Brothers Europe to make claim for client money and assets held by Lehman Brothers Inc.

Schulte Roth & Zabel LLP
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USA
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January 22 2009

The Administrators of Lehman Brothers International (Europe) (in administration) (“LBIE”), acting as LBIE's agent and without personal liability, have advised that they will be filing an omnibus claim on behalf of LBIE and LBIE's customers against Lehman Brothers Inc

Seventh Circuit holds that bankruptcy court improperly reduced oversecured lenders’ claim

Schulte Roth & Zabel LLP
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USA
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May 13 2009

The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that a group of secured lenders were fully secured and “entitled to a full recovery” from the debtor despite the bankruptcy court’s improper valuation of the collateral (improved airport terminal space) securing the lenders’ underlying $60 million loan

Breach of fiduciary duty by insiders of Chapter 11 debtors

Schulte Roth & Zabel LLP
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USA
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March 12 2008

The U.S. Court of Appeals for the Eighth Circuit recently held that insiders who control the operations of a debtor owe a duty, as fiduciaries, to refrain from self-dealing

Bankruptcy court orders swap counterparty to pay Lehman Brothers despite event of default

Schulte Roth & Zabel LLP
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USA
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September 25 2009

The United States Bankruptcy Court for the Southern District of New York entered an order on Sept. 17, 2009, granting a motion filed by Lehman Brothers Special Financing Inc. (“LBSF”) to compel Metavante Corporation (“Metavante”) to continue to make payments to LBSF under an ISDA Master Agreement

Investment bank's advisory fee properly calculated under reasonableness standard

Schulte Roth & Zabel LLP
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USA
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August 6 2007

The U.S. Court of Appeals for the Eleventh Circuit held on July 26, 2007, that a bankruptcy court properly calculated an investment bank's advisory fee under a reasonableness standard

Second Circuit affirms dismissal of creditors' committee equitable subordination complaint

Schulte Roth & Zabel LLP
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USA
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August 20 2007

The U.S. Court of Appeals for the Second Circuit, on July 9, 2007, decisively affirmed a bankruptcy court's dismissal of an equitable subordination complaint filed by a creditors' committee against eight investment fund lenders

Fourth Circuit affirms dismissal of reorganization case due to commercial tenant’s bad faith litigation tactics

Schulte Roth & Zabel LLP
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USA
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June 20 2007

The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute

The risks associated with financial counterparties

Schulte Roth & Zabel LLP
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USA
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March 19 2008

As a result of the recent turmoil in the financial markets, a number of clients have asked us questions about counterparty risk

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