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Results: 1-10 of 8,697

Too Clever by Half: Bankruptcy Court Re-characterizes Debt Owed to Insider as Equity
  • Adams and Reese LLP
  • USA
  • August 22 2016

In a new, unpublished decision in the U.S. Court of Appeals, the Fourth Circuit affirmed a bankruptcy court’s order re-characterizing a portion of a


Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?
  • Bryan Cave LLP
  • USA
  • August 22 2016

As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of


Circuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
  • Jones Day
  • USA
  • August 22 2016

On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe


Delaware Bankruptcy Court Rules Gift Cards Not Eligible for Priority Treatment
  • Seyfarth Shaw LLP
  • USA
  • August 19 2016

Decision clarifies standards for priority treatment under section 507(a)(7); important implications in retail bankruptcy cases for debtors, creditors


Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
  • Duane Morris LLP
  • USA
  • August 18 2016

In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant


EFIH First Lien Trustee Petitions for Certiorari to Resolve Circuit Split over Pre-Plan Settlements
  • Weil Gotshal & Manges LLP
  • USA
  • August 17 2016

On August 3, 2016, Delaware Trust Company, as trustee for the EFIH first lien notes, filed a petition for certiorari with the United States Supreme


Excalibur reinsurance corporation placed into liquidation
  • Carlton Fields
  • USA
  • August 17 2016

Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur


Enforceability of Subordination Provisions in Synthetic CDOs - Lehman Revisited
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

On June 28, 2016, Judge Chapman of the U.S. Bankruptcy Court for the Southern District of New York ruled in Lehman Brothers Special Financing Inc. v


Use of Tender Offers in Bankruptcy to Effect a Pre-confirmation Settlement
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

The Third Circuit recently affirmed that a debtor in Chapter 11 can use a tender offer to settle claims without running afoul of the Bankruptcy Code


No Turnover of the Make-whole Amount in the EFH Bankruptcy
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

In a pair of decisions in 2015, the United States Bankruptcy Court of the District of Delaware determined that neither the first lien notes trustee