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11th Cir. Holds Failure to File Proof of Claim in Receivership Does Not Extinguish Security Interest
  • Maurice Wutscher LLP
  • USA
  • April 17 2017

The U.S. Court of Appeals for the Eleventh Circuit recently held that a court cannot extinguish a secured creditor’s state-law security interests for


Potential Continuing Impact of the Marblegate Saga
  • O'Melveny & Myers LLP
  • USA
  • April 13 2017

The decision by the Second Circuit Court of Appeals, in a 2-1 ruling,1 to vacate the rulings by the District Court of the Southern District of New


Chapter 15 at 11: threshold requirements for recognition
  • Caplin & Drysdale, Chartered
  • Australia, USA
  • March 24 2017

This is the third instalment in a series on the US cross-border insolvency statute, Chapter 15 of the Bankruptcy Code, which took effect 11 years ago


LevFin Quarterly Q4 2016
  • Weil Gotshal & Manges LLP
  • USA
  • February 17 2017

Welcome to the latest edition of LevFin Quarterly. In this issue, we look at the implications of President Trump's tax reform plan and the House


Second Circuit Reverses Lower Court's Restrictions on the Restructuring of Bondholder Rights in Marblegate
  • Duane Morris LLP
  • USA
  • February 16 2017

Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the


Chesapeake Energy Court Adopts the Narrow View of Section 316(b) of the TIA
  • Jones Day
  • USA
  • February 16 2017

On February 8, 2017, the U.S. District Court for the Western District of Oklahoma dismissed the class action lawsuit brought by unsecured bondholders


Marblegate: Southern District’s TIA Decision Reversed - Now What?
  • Sidley Austin LLP
  • USA
  • February 14 2017

On January 17, 2017, a divided (2-1) panel of the U.S. Court of Appeals for the Second Circuit (Second Circuit) reversed the decision of the District


After Marblegate: What Rights do Holdout Bondholders Have?
  • Richards Kibbe & Orbe LLP
  • USA
  • January 31 2017

Bondholders have long feared “the tyranny of the majority” and historically have found limited comfort in a provision of the Trust Indenture Act (the


Second Circuit Confirms That Bond Issuers Can Restructure Out-of-Court Via Consent Solicitations
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • January 26 2017

On January 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in Marblegate Asset Management v. Education Management Corp


Second Circuit Overturns Marblegate, Holding That Section 316(b) of the Trust Indenture Act Protects Noteholders’ Rights Only With Respect to Core Payment Terms
  • Cahill Gordon & Reindel LLP
  • USA
  • January 26 2017

On January 17, 2017, the United States Court of Appeals for the Second Circuit ruled, in a 2-1 decision, in favor of the for-profit education company