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Results: 1-10 of 69

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


Split Ninth Circuit Requires Default Interest to Cure Default
  • Schulte Roth & Zabel LLP
  • USA
  • December 2 2016

A Chapter 11 debtor “cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure,” held a


New York Bankruptcy Court Saves Investment Bankers’ Transaction Fees
  • Schulte Roth & Zabel LLP
  • USA
  • December 23 2016

“Transaction fees are part of the standard, negotiated base compensation for the investment banker,” held the Bankruptcy Court for the Southern


Seventh Circuit voids lien securing rescue loan but rejects equitable subordination claim
  • Schulte Roth & Zabel LLP
  • USA
  • January 14 2016

A “bank making a secured rescue loan had information that should have created the requisite suspicion to conduct a diligent search for possible


Glitnir trading protocol impacted by closing of transfer register
  • Schulte Roth & Zabel LLP
  • USA
  • September 10 2015

Glitnir hf. ("Glitnir") has announced that as of the end of day on Sept. 11, 2015 ("Transfer Cut-Off Time"), it will no longer be processing Claim


Tenth Circuit Quashes Fraudulent Transfer Suit Against Asset Buyer
  • Schulte Roth & Zabel LLP
  • USA
  • December 19 2016

An undersecured mortgagee’s “release of its entire underlying claim was value obtained ‘in exchange for’ the pre-bankruptcy sale of the


Court validates rescue loan, rejecting equitable subordination and fraudulent transfer claims
  • Schulte Roth & Zabel LLP
  • USA
  • May 22 2015

A bank did not engage in "egregious conduct" sufficient to subordinate its lien on equitable grounds, held the U.S. District Court for the Northern


Third Circuit approves use of escrow agreements funded by acquirers to pay junior creditors before senior creditors
  • Schulte Roth & Zabel LLP
  • USA
  • September 21 2015

An asset purchaser's payments into segregated accounts for the benefit of general unsecured creditors and professionals employed by the debtor (i.e


Eleventh Circuit broadly defines ‘value’ in fraudulent transfer suit
  • Schulte Roth & Zabel LLP
  • USA
  • October 8 2015

An insolvent corporate subsidiary's payment of its parent's contractual obligations was not a fraudulent transfer when "the subsidiary Debtor


Distressed debt trading protocol: Kaupthing closing transfer register
  • Schulte Roth & Zabel LLP
  • USA
  • September 17 2015

The Winding-Up Committee ("WUC") of the failed Icelandic bank Kaupthing hf. ("Kaupthing") announced that Oct. 2, 2015 ("Transfer Bar Date") will be