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Results: 1-10 of 117

Second Circuit holds that SIPA does not permit an inflation or interest adjustment to “net equity” claims for customer property
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 27 2015

In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for


Delaware Court of Chancery rejects contemporaneous ownership requirement for creditors asserting derivative claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 27 2014

In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery


Delaware court provides critical guidance as to the commercial reasonableness of a UCC Article 9 foreclosure sale
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 7 2013

Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower's default. Article 9, Part 6 of the Uniform


First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

In Sun Capital Partners III, L.P. Et al. V. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24


The Ninth Circuit holds that bankruptcy courts have authority to recharacterize debt as equity
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 14 2013

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity


Dodd-Frank’s intersection with the Bankruptcy Code could have significant impact for unsecured creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 21 2014

On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. V. Jacob


Equityholder's strategy for shifting tax burdens to creditors upheld by Third Circuit
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 12 2013

In re Majestic Star Casino, LLC, F.3d 736 (3rd Cir. 2013), the U.S. Court of Appeals for the Third Circuit broke from other courts by holding that


The fate of Argentina's debt restructuring is getting closer
  • Sheppard Mullin Richter & Hampton LLP
  • Argentina, USA
  • April 10 2013

In what the Financial Times has called "the sovereign debt restructuring case of the century," Argentina has timely submitted its proposal as


Continuity of enterprise is enough for successor parties to be liable
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 29 2014

Successor liability is often a concern for the acquirer when purchasing substantially all of a seller's assets. While this risk is well known, the


Committee's attack upon lender's make-whole premium denied
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 27 2013

The United States Bankruptcy Court for the District of Delaware (the "Court") recently upheld a $23.7 million make-whole payment (the "Make-Whole