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Results: 1-10 of 55

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


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


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


Oversecured lender awarded post-petition interest at contractual default rate plus compounded interest
  • Schulte Roth & Zabel LLP
  • USA
  • January 23 2008

The United States Bankruptcy Court for the Southern District of New York recently awarded an oversecured lender post-petition interest on the full amount of its secured claim at the default rate set forth in the lender’s contract (19) plus compound (PIK) interest up to the aggregate rate of 25 (the maximum rate allowable under New York State usury laws


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


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


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


Update on reorganization financing
  • Schulte Roth & Zabel LLP
  • USA
  • April 7 2011

Reorganization or debtor-in-possession ("DIP") financing has become an increasing source of litigation