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Results: 1-10 of 42

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


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


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


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 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


Bankruptcy court allows collateral agent to credit bid without 100 approval of senior lenders in same facility
  • Schulte Roth & Zabel LLP
  • USA
  • April 28 2009

In a recent decision, the Bankruptcy Court for the District of Delaware allowed the collateral agent for senior lenders to credit bid for the debtors’ assets even though all of the senior lenders had not authorized the bid


Florida bankruptcy judge holds ‘savings clause’ unenforceable when voiding guarantees as fraudulent transfers
  • Schulte Roth & Zabel LLP
  • USA
  • October 30 2009

A Florida bankruptcy court, on Oct. 13, 2009, issued a 182-page decision after a 13-day trial, among other things, avoiding on fraudulent transfer grounds (a) secured subsidiary guarantees of $500 million and (b) $420 million pre-bankruptcy payments


Champerty clarified: a victory for activist distressed debt and claims investors
  • Schulte Roth & Zabel LLP
  • USA
  • November 3 2009

In a decision to be hailed by buyers of distressed debt and bankruptcy claims on the secondary loan market, on Oct. 15, 2009, the New York Court of Appeals (the “Court”), in a fact-specific ruling, held that an assignment of claim does not violate New York’s champerty statute (forbidding trading in litigation claims) if the purpose of the assignment is to collect damages by means of a lawsuit for losses on a debt instrument in which the assignee holds a pre-existing proprietary interest