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New York Court of Appeals Distinguishes Marblegate, Holds Majority-Directed Strict Foreclosure Violates Indenture and Minority Noteholders’ Absolute Legal Right to Payment

USA - November 5 2020 On October 22, 2020, in a 4-3 opinion, the Court of Appeals for the State of New York held that the right of certain dissenting minority noteholders…

Kirschner v. JPMorgan Chase

USA - June 18 2020 On May 22, Judge Paul Gardephe of the U.S. District Court for the Southern District of New York granted a motion to dismiss in Kirschner v. JPMorgan…

Andrew I. Ward, Joseph A. Satto, Thomas T. Janover.

Proposed Revisions to the LSTA Par Trade Confirmation: The Risks of Trading English Law Loans on LSTA Par/Near Par Terms

USA - June 3 2020 Recently, the Loan Syndications and Trading Association (LSTA) circulated revised language relating to the trading of English law-governed loans on…

Andrew I. Ward, Joseph A. Satto, Thomas T. Janover.

District Court Bars Assignment by Sears, Provision in Lease Cannot Supersede §365(b)(3)(A)

USA - May 1 2020 In an opinion dated Feb. 27, 2020, Judge Colleen McMahon of the United States District Court for the Southern District of New York reversed the…

Court Holds Filing of Proof of Claim Results in Waiver of Right to Jury Trial Despite Claimants’ Purported Reservation of Rights

USA - February 20 2020 In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who…