We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 25

Court holds that Stockton is eligible to file for chapter 9

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • April 3 2013

On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection

American Home court denies bank’s deficiency claim by accepting discounted cash flow valuation of mortgage loan portfolio subject to repurchase agreement

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 17 2009

A Delaware bankruptcy court recently delivered the first decision applying section 562 of the Bankruptcy Code to a claim based on the termination of a repurchase agreement

Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • April 17 2012

On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code

Stern v. Marshall: how big is it?

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 14 2011

On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a debtor against a claimant

Bankruptcy Court for Southern District of New York prohibits triangular setoff provided for in safe harbored contract

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • October 12 2011

On October 4, 2011, the United States Bankruptcy Court for the Southern District of New York ruled that a contractual right of a triangular (non-mutual) setoff was unenforceable in bankruptcy, even though the contract was safe harbored

Lehman Bankruptcy Court issues safe harbor decision

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • January 6 2014

On December 19, 2013, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued his latest decision in

Lyondell Bankruptcy Court holds that safe harbors do not prohibit creditors from asserting state law constructive fraudulent transfer claims

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • January 29 2014

On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In

City of Detroit files Chapter 9 bankruptcy petition challenges ahead

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 19 2013

On the afternoon of July 18, 2013, the City of Detroit filed its highly anticipated petition for relief under Chapter 9 of the Bankruptcy Code in the

Lehman bankruptcy court holds ISDA swap counterparty in violation of automatic staycounterparty seeks modification

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 29 2009

In a recent ruling from the bench, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York held that Metavante Corporation’s suspension of payments under an outstanding swap agreement with Lehman Brothers Special Financing Inc. (“LBSF”) was not safe harbored, and instead violated the automatic stay of section 362(a) of the Bankruptcy Code

Court approves extension of the automatic stay in Detroit’s chapter 9

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 26 2013

On July 24, 2013, Judge Steven W. Rhodes of the Bankruptcy Court for the Eastern District of Michigan approved the City of Detroit's motion to extend