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Results: 1-10 of 53

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


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


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


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


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


Tenth Circuit saves insider’s severance payments
  • Schulte Roth & Zabel LLP
  • USA
  • October 26 2015

A terminated officer of a corporate debtor, who bargained for “18 months of severance ( $375,000 ) to ensure that his firing not disrupt the


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


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


Eleventh Circuit reverses TOUSA district court decision and holds lenders liable for fraudulent transfer
  • Schulte Roth & Zabel LLP
  • USA
  • May 21 2012

The United States Court of Appeals for the Eleventh Circuit, on May 15, 2012, reversed a district court's February 2011 decision that lenders were not liable on a fraudulent transfer claim