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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...

Michael L. Cook.

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...

Parker J. Milender, Michael L. Cook, David M. Hillman.

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...

Michael L. Cook.

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...

Lucy F. Kweskin, Michael L. Cook, Adam C. Harris.

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...

David J. Karp, Parker J. Milender.