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Results: 1-10 of 8,696

Too Clever by Half: Bankruptcy Court Re-characterizes Debt Owed to Insider as Equity
  • Adams and Reese LLP
  • USA
  • August 22 2016

In a new, unpublished decision in the U.S. Court of Appeals, the Fourth Circuit affirmed a bankruptcy court’s order re-characterizing a portion of a


Delaware Bankruptcy Court Rules Gift Cards Not Eligible for Priority Treatment
  • Seyfarth Shaw LLP
  • USA
  • August 19 2016

Decision clarifies standards for priority treatment under section 507(a)(7); important implications in retail bankruptcy cases for debtors, creditors


Trust Indenture Act Litigation by Plaintiff Firms May Interfere With Out-of-Court Restructurings
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

Several recent cases in the United States District Court for the Southern District of New York have created ambiguity about when distressed exchange


Circuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
  • Jones Day
  • USA
  • August 22 2016

On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe


Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
  • Duane Morris LLP
  • USA
  • August 18 2016

In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant


Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?
  • Bryan Cave LLP
  • USA
  • August 22 2016

As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of


Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain
  • Bryan Cave LLP
  • USA
  • August 15 2016

In 1571, Parliament enacted a law, sometimes known as the Statute of 13 Elizabeth, creating one of the greatest means of creditor protection - the


Is Bank Debt a Security?: Dangerous Implications of the General Motors Litigation
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

Borrowers, agent banks, syndicate members and secondary market purchasers incur, syndicate, sell and buy bank debt on the assumption that bank debt


In re Ferguson
  • Stoll Keenon Ogden PLLC
  • USA
  • August 24 2016

The Seventh Circuit dismisses the appeal, holding it does not have jurisdiction. The bankruptcy court entered an order permitting marshaling of the


Claims denominated in foreign currency must be converted into US dollars as of petition date
  • White & Case LLP
  • USA
  • March 6 2008

Must creditors holding claims denominated in a foreign currency against a debtor in a US bankruptcy case bear the risk of a postpetition decline in the value of the dollar?