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From the Top in Brief

USA - August 19 2019 On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil...

Mark G. Douglas.

Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed

USA - January 29 2019 On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest"...

Sidney P. Levinson, Thomas A. Wilson, Jeffrey B. Ellman (Jeff).

Supreme Court Adopts Deferential Standard of Review on Chapter 11 Insider Status

USA - March 12 2018 In U.S. Capital Bank N.A. v. Village at Lakeridge, LLC, No. 15-1509 (U.S. Mar. 5, 2018), the U.S. Supreme Court held that an appellate court should...

Brad B. Erens, Charles M. Oellermann.

High Court Tightens Section 546(e) Safe Harbor for Securities Transaction Payments

USA - March 7 2018 The U.S. Supreme Court issued a highly anticipated ruling resolving a long-standing circuit split over the scope of the Bankruptcy Code's "safe...

Brad B. Erens, Charles M. Oellermann.

Second Circuit Rules on Chapter 11 Cram-Down, Make-Whole, and Subordination Issues

USA - October 25 2017 In In re MPM Silicones, L.L.C., secured noteholders argued that replacement notes distributed to them under a cram-down...

Sidney P. Levinson, Brad B. Erens.