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Rough justice: Third Circuit holds in tribune that a cramdown plan may discriminate—but not unfairly—by reallocating a portion of proceeds, overriding a subordination agreement

USA - September 29 2020 On August 26, 2020, the Court of Appeals for the Third Circuit held that the Bankruptcy Code does not require subordination agreements to be strictly…

Fredric Sosnick, Ian E. Roberts, Luckey McDowell, Ned S. Schodek.

Can a Corporate Debtor Be a ‘Financial Institution’? Second Circuit Again Holds That Tribune’s LBO is Protected By the Bankruptcy Code’s Safe Harbors

USA - March 3 2020 On December 19, 2019, the Second Circuit held that appellants’ state law constructive fraudulent transfer claims were preempted by virtue of the…

Fredric Sosnick, Ian E. Roberts, Luckey McDowell, Ned S. Schodek.

The Final Stay: Supreme Court Holds that Any Bankruptcy Court Order Denying Relief from the Automatic Stay Constitutes a Final, Immediately Appealable Order

USA - February 6 2020 On January 14, 2020, the Supreme Court of the United States issued a decision resolving the question of whether a motion for relief from the…

Fredric Sosnick, Ian E. Roberts, Luckey McDowell, Ned S. Schodek.

First Circuit Finds That Funds Were Not Liable for Portfolio Company’s Pension Fund Withdrawal Liability

USA - December 19 2019 On November 22, 2019, the United States Court of Appeals for the First Circuit held that two separate private equity funds managed by the same…

Fredric Sosnick, Ian E. Roberts, Luckey McDowell, Ned S. Schodek, Solomon J. Noh.

Midstream Companies Have Renewed Hope: Running-with-the-Land Oil and Gas Dedication Survives a Bankruptcy Challenge, Offering Precedent in Contra to Sabine

USA - October 18 2019 The oil and gas industry in the United States is highly dependent upon an intricate set of agreements that allow oil and gas to be gathered from…

Fredric Sosnick, Ian E. Roberts, Luckey McDowell, Ned S. Schodek, Sarah McLean, Solomon J. Noh.