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Results: 1-10 of 9,254

Is It Really Over? Appellate Court Finds Lack of Jurisdiction to Hear Bankruptcy Appeal
  • Squire Patton Boggs
  • USA
  • January 23 2017

In a recent ruling, the U.S. Court of Appeals for the Eleventh Circuit examined whether circuit courts have jurisdiction to hear direct appeals of


Marblegate Ruling is Reversed on Appeal: Second Circuit Adopts Narrow Interpretation of TIA Section 316(b)
  • Weil Gotshal & Manges LLP
  • USA
  • January 19 2017

The Second Circuit issued its much anticipated decision in Marblegate Asset Management LLC v. Education Management Corp., holding that “Section


Second Circuit Overturns Marblegate, Rejecting Expansive Interpretation of Section 316(b) of the Trust Indenture Act
  • Sullivan & Cromwell LLP
  • USA
  • January 19 2017

On January 17, 2017, a split panel of the U.S. Court of Appeals for the Second Circuit held that the series of transactions to restructure the debt


Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing
  • Katten Muchin Rosenman LLP
  • USA
  • January 19 2017

On November 17, 2016, the US Court of Appeals for the Third Circuit in Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC, No. 16-1351


Supreme Court Hears Oral Argument in Midland Funding v. Johnson
  • Maurice Wutscher LLP
  • USA
  • January 18 2017

The U.S. Supreme Court heard oral argument Tuesday in Midland Funding v. Johnson. A primary issue before the Court is whether the federal Fair Debt


Second Circuit Reverses Marblegate Decision
  • Seyfarth Shaw LLP
  • USA
  • January 18 2017

On January 17, 2017, in a 2-1 decision in Marblegate Asset Management, LLC v. Education Management Finance Corp., (15-2124) (the “Decision”), the


Marblegate’s Lost Marbles and Why Bondholders and Indenture Trustees Should Care
  • Squire Patton Boggs
  • USA
  • January 18 2017

This week the U.S. Court of Appeals for the Second Circuit issued its highly-anticipated ruling in Marblegate Asset Management, LLC v. Education


Second Circuit Reverses Marblegate Holding on TIA 316(b)
  • Morgan Lewis & Bockius LLP
  • USA
  • January 18 2017

Court holds that TIA 316(b) prohibits only nonconsensual amendments to an indenture’s core payment terms. The US Court of Appeals for the Second


Second Circuit Holds that Trust Indenture Act 316(b) Prohibits Only Non-Consensual Amendments to Core Payment Terms of Bond Indentures
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • USA
  • January 18 2017

On January 17, 2017, the Court of Appeals for the Second Circuit issued its long-anticipated opinion in Marblegate Asset Management, LLC v. Education


Second Circuit Court of Appeals Overturns District Court Decision in Marblegate Regarding Section 316(b) of Trust Indenture Act
  • White & Case LLP
  • USA
  • January 18 2017

On January 17, 2017, the US Court of Appeals for the Second Circuit ruled in favor of the defendant in Marblegate Asset Management, LLC v. Education