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Results: 1-10 of 57

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


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


Tenth Circuit BAP limits insider claims
  • Schulte Roth & Zabel LLP
  • USA
  • December 1 2015

Insider creditors "waived the right to charge default interest on" their claims and "failed to prove" their claim for non-default interest, held


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


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


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


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


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


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


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