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Results: 1-10 of 32

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


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


No market interest rate and no make whole: Momentive Performance Court rejects lender arguments against confirmation
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 17 2014

On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors


Court holds that San Bernardino is eligible to file for Chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • October 24 2013

On October 16, 2013, the U.S. Bankruptcy Court for the Central District of California ruled that the City of San Bernardino is eligible for


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


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


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


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


S.D.N.Y. Bankruptcy Court continues to construe Bankruptcy Code’s safe harbor provisions narrowly
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 7 2011

In two recent decisions, the United States Bankruptcy Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code’s safe harbor provisions