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Results: 1-10 of 55

Seventh Circuit changes its mind and reverses “inconsistent” district court fraudulent transfer and equitable subordination ruling
  • Schulte Roth & Zabel LLP
  • USA
  • September 4 2013

The U.S. Court of Appeals for the Seventh Circuit held on Aug. 26, 2013 that an investment manager's "failure to keep client funds properly


Beware the ‘Meridian Sunrise’ District Court rules investment funds are not ‘financial institutions’ under loan transfer restrictions
  • Schulte Roth & Zabel LLP
  • USA
  • May 2 2014

The U.S. District Court for the Western District of Washington recently construed the terms of a customary loan agreement to preclude certain hedge


Fifth Circuit holds mere acceleration does not trigger prepayment premium
  • Schulte Roth & Zabel LLP
  • USA
  • February 6 2014

The U.S. Court of Appeals for the Fifth Circuit held on Jan. 27, 2014 that a lender's acceleration due to a borrower's payment default did not


Delaware court enforces subordination agreements despite senior indenture trustee’s late filing of senior claims
  • Schulte Roth & Zabel LLP
  • USA
  • July 29 2014

The United States District Court for the District of Delaware, on July 21, 2014, held that an indenture trustee's late filing of senior claims did


Fourth Circuit affirms lender’s good faith in fraudulent transfer case
  • Schulte Roth & Zabel LLP
  • USA
  • March 6 2014

The U.S. Court of Appeals for the Fourth Circuit, on Feb. 21, 2014, affirmed the dismissal of a bankruptcy trustee's fraudulent transfer complaint


Eighth Circuit BAP affirms lender’s loss of possessory lien
  • Schulte Roth & Zabel LLP
  • USA
  • April 4 2013

The U.S. Bankruptcy Appellate Panel ("BAP") for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the


Fifth Circuit protects secured lender who bypasses Chapter 11 reorganization plan
  • Schulte Roth & Zabel LLP
  • USA
  • August 12 2013

The U.S. Court of Appeals for the Fifth Circuit held on August 5 that a secured lender's disputed "lien on the debtor's principal asset survived


Seventh Circuit holds real estate debtor cannot cram down undersecured lender with bonds
  • Schulte Roth & Zabel LLP
  • USA
  • January 25 2012

The U.S. Court of Appeals for the Seventh Circuit affirmed a bankruptcy court’s dismissal of a single asset real estate case on Jan. 19, 2012, reasoning that the debtor’s proposed substitute collateral “was not the indubitable equivalent of the undersecured lender’s mortgage.”


Second Circuit affirms dismissal of employees' lender liability WARN Act suit
  • Schulte Roth & Zabel LLP
  • USA
  • September 28 2007

The United States Court of Appeals for the Second Circuit on Aug. 30, 2007, affirmed the dismissal of a lender liability class action brought by employees of a defunct originator and seller of mortgages and home equity loans


Bankruptcy court sets deadlines for filing claims against Lehman Brothers Inc
  • Schulte Roth & Zabel LLP
  • USA
  • November 14 2008

The United States Bankruptcy Court for the Southern District of New York overseeing the Lehman Brothers (“LBI“) case under the Securities Investor Protection Act (“SIPA“) entered an order on Nov. 7, 2008 (the “Claims Bar Date Order“) establishing the following deadlines for the filing of claims against LBI