Lawrence V. Gelber
Schulte Roth & Zabel LLP
Articles
Ninth Circuit Holds Bank Liable for Preference, Applying Hypothetical Liquidation Analysis
USA - March 20 2017 “Courts may account for hypothetical preference actions within a hypothetical Chapter 7 liquidation” to hold a defendant bank (“Bank”) liable for...
Bankruptcy Judge Requires Investment Funds to Disclose Major Investors
USA - December 16 2016 The Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules") require each corporate party in an adversary proceeding (i.e., a bankruptcy court...
Split Ninth Circuit Requires Default Interest to Cure Default
USA - December 2 2016 A Chapter 11 debtor “cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure,” held a...
Third Circuit Enforces Post-Acceleration Make-Whole Premium
USA - November 18 2016 The U.S. Court of Appeals for the Third Circuit held on Nov. 17, 2016 that a debtor’s refinancing of its first and second lien notes during its...
Distressed energy: midstream agreements 10 questions after sabine’s ‘unspeakable quagmire’
USA - March 10 2016 While a recent federal bankruptcy court ruling provides some clarity as to how midstream gathering agreements may be treated in Chapter 11 cases...
