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Results: 1-10 of 35

City of Stockton: Bankruptcy Court holds that Rule 9019 does not apply to Chapter 9 debtors
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 31 2013

On January 30, 2013, Judge Christopher Klein of the Bankruptcy Court for the Eastern District of California held that, pursuant to section 904 of the


Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • December 6 2013

On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit's


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


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


State review team finds financial emergency in city of Detroit what is next for the city of Detroit?
  • Cadwalader Wickersham & Taft LLP
  • USA
  • March 19 2013

On February 19, 2013, the six-person Review Team appointed by Michigan's Governor to conduct a detailed financial review of the City of Detroit


Lehman court finds payment priority provision is unenforceable ipso facto clause, and must be part of swap for safe harbor protection
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 29 2010

On January 25, 2010, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled that provisions in a CDO indenture subordinating payments due to Lehman Brothers Special Financing Inc., as swap provider, constituted unenforceable ipso facto clauses under the facts and circumstances of this case


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


Fourth Circuit examines swap agreements subject to Bankruptcy Code safe harbors
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 24 2009

In Hutson v. E.I. du Pont de Nemours & Co. (In re National Gas Distributors, LLC), the United States Court of Appeals for the Fourth Circuit interpreted the definition of “swap agreement” under the Bankruptcy Code


General Growth Properties bankruptcy court enters final order on cash collateral, cash management, and DIP financing issues
  • Cadwalader Wickersham & Taft LLP
  • USA
  • May 18 2009

Our May 11th memo entitled “General Growth Properties Bankruptcy Court Defers Final Ruling on Cash Collateral, Cash Management and DIP Financing Issues” concluded that the ultimate impact of the bankruptcy filings of General Growth Properties, Inc. and its affiliates would depend in large part on how the cash collateral and DIP Loan issues were resolved


Delaware Bankruptcy Court decision in SemCrude prohibits triangular setoff in absence of safe harbor
  • Cadwalader Wickersham & Taft LLP
  • USA
  • March 31 2009

Earlier this year, the United States Bankruptcy Court for the District of Delaware ruled that a nondebtor cannot effect a "triangular" setoff of the amounts owed between it and three affiliated debtors, even if the parties had entered into pre-petition contracts that expressly contemplated multiparty setoff