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Results: 1-10 of 33

Delaware Bankruptcy Court decision in SemCrude prohibits triangular setoff in absence of safe harbor
  • Cadwalader Wickersham & Taft LLP
  • USA
  • March 31 2009

Earlier this year, the United States Bankruptcy Court for the District of Delaware ruled that a nondebtor cannot effect a "triangular" setoff of the amounts owed between it and three affiliated debtors, even if the parties had entered into pre-petition contracts that expressly contemplated multiparty setoff


Stern v. Marshall: how big is it?
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 14 2011

On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a debtor against a claimant


Bankruptcy Court for Southern District of New York prohibits triangular setoff provided for in safe harbored contract
  • Cadwalader Wickersham & Taft LLP
  • USA
  • October 12 2011

On October 4, 2011, the United States Bankruptcy Court for the Southern District of New York ruled that a contractual right of a triangular (non-mutual) setoff was unenforceable in bankruptcy, even though the contract was safe harbored


S.D.N.Y. Bankruptcy Court continues to construe Bankruptcy Code’s safe harbor provisions narrowly
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 7 2011

In two recent decisions, the United States Bankruptcy Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code’s safe harbor provisions


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 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


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 approves extension of the automatic stay in Detroit’s chapter 9
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 26 2013

On July 24, 2013, Judge Steven W. Rhodes of the Bankruptcy Court for the Eastern District of Michigan approved the City of Detroit's motion to extend


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


City of Detroit files Chapter 9 bankruptcy petition challenges ahead
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 19 2013

On the afternoon of July 18, 2013, the City of Detroit filed its highly anticipated petition for relief under Chapter 9 of the Bankruptcy Code in the