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Results: 1-10 of 125

Justice Friedman allows breach of fiduciary duty claim to proceed against corporate directors under Delaware Law
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • September 16 2015

In AP Services, LLP v. Lobell et. Al, No. 6516132012, 2015 NY Slip Op 31115(U) (N.Y. Sup. Ct. June 19, 2015) (argued Feb. 21, 2014), Justice


Expanded protections for directors navigating the zone of insolvency
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 25 2007

In 1991, a decision of the Delaware Chancery Court helped popularize the term "zone of insolvency.”


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


Bankrupt municipality may reduce retiree benefits
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 8 2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal


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


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


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


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


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


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