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Results: 1-10 of 33

Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • December 6 2013

On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit's


City of Stockton: Bankruptcy Court holds that Rule 9019 does not apply to Chapter 9 debtors
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 31 2013

On January 30, 2013, Judge Christopher Klein of the Bankruptcy Court for the Eastern District of California held that, pursuant to section 904 of the


Court holds that San Bernardino is eligible to file for Chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • October 24 2013

On October 16, 2013, the U.S. Bankruptcy Court for the Central District of California ruled that the City of San Bernardino is eligible for


No market interest rate and no make whole: Momentive Performance Court rejects lender arguments against confirmation
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 17 2014

On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors


Lehman Bankruptcy Court issues safe harbor decision
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 6 2014

On December 19, 2013, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued his latest decision in


Court holds that Stockton is eligible to file for chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • April 3 2013

On April 1, 2013, the U.S. Bankruptcy Court for the Eastern District of California ruled that the City of Stockton qualified to file for protection


Lehman court finds payment priority provision is unenforceable ipso facto clause, and must be part of swap for safe harbor protection
  • Cadwalader Wickersham & Taft LLP
  • USA
  • January 29 2010

On January 25, 2010, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled that provisions in a CDO indenture subordinating payments due to Lehman Brothers Special Financing Inc., as swap provider, constituted unenforceable ipso facto clauses under the facts and circumstances of this case


Lehman bankruptcy court rules safe harbors do not override setoff mutuality requirement
  • Cadwalader Wickersham & Taft LLP
  • USA
  • May 6 2010

On May 5, 2009, Judge James Peck, the Bankruptcy Judge in the Lehman Brothers bankruptcy cases, held that the safe harbor provisions of the Bankruptcy Code do not override the mutuality requirements for setoff under section 553(a) of the Bankruptcy Code


U.S. district court affirms Delaware Bankruptcy Court decision in SemCrude prohibiting triangular setoff
  • Cadwalader Wickersham & Taft LLP
  • USA
  • May 25 2010

The United States District Court for the District of Delaware recently affirmed a Bankruptcy Court decision that invalidated the use by creditors of so-called "triangular", or non-mutual, setoffs in which obligations are offset among not only the parties to a bilateral contract but also their affiliates


Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”
  • Cadwalader Wickersham & Taft LLP
  • USA
  • April 17 2012

On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code