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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


When goods are shipped from overseas, when are they considered “received by the debtor” for purposes of asserting a section 503(b)(9) administrative claim?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 5 2014

A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled


Delaware Supreme Court holds receiver is required to defend lawsuits after a corporation is wound-up; finds no generally applicable statute of limitation for claims against a dissolved corporation
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • December 11 2013

In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the


Creditors’ rights clarified by Interpretation II of the Supreme People’s Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China
  • Sheppard Mullin Richter & Hampton LLP
  • China
  • December 16 2013

Understanding your rights as a creditor while navigating under China's bankruptcy laws is becoming a must these days, especially for foreign


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


Claims trading from the inside out: Ninth Circuit BAP holds that a non-insider claimant's vote on a plan is not discounted merely because the claimant purchased its claim from an insider
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 18 2013

In an unpublished decision in In re The Village at Lakeridge, LLC, BAP Nos. NV-12-1456 and NV-12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the United


The Seventh Circuit expands scope of absolute priority rule to protect creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 22 2013

In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule - which


Cherry picking contract provisions in bankruptcy: not so taboo after all?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a


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