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The Reach of Avoidance - Second Circuit Court of Appeals Holds in Madoff that Bankruptcy Code Can Be Used to Recover Subsequent Extraterritorial Transfers

USA - April 8 2019 On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the...

Solomon J. Noh, Ned S. Schodek, Fredric Sosnick.

An Interesting Decision: Fifth Circuit Questions Whether Make-Wholes Should Be Disallowed as ‘Unmatured Interest’

USA - February 25 2019 On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that “impairment” under a plan of...

Solomon J. Noh, Ned S. Schodek, Fredric Sosnick.

Delaware Bankruptcy Court Intercreditor Decision Raises Claim Subordination Issues

USA - February 21 2019 Intercreditor agreements between secured creditors are intended to limit the potential for litigation and result in predictable commercial outcomes...

Solomon J. Noh, Ned S. Schodek, Gus M. Atiyah, Bjorn Bjerke, Maura E. O'Sullivan, Joshua W. Thompson, Ronan Wicks, Steven Sherman, Tomasz Kulawik, Michael Steinberg, Fredric Sosnick.

(In)Eligible Filer: Bankruptcy Court Dismisses Involuntary Bankruptcy Filing Against Taberna for Failure of Non-Recourse Creditors to Meet the Eligibility Requirements, or, in the Alternative, for Cause

USA - December 20 2018 On November 8, 2018, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued a decision dismissing an...

Solomon J. Noh, Ned S. Schodek, Fredric Sosnick.

Keep Comity and Carry On: US Bankruptcy Court Grants Recognition and Enforcement of a Foreign Debtors’ Settlement Agreement Approved by Croatian Court That Modifies English Law Debt

USA - December 18 2018 Parties involved in cross-border bankruptcyrestructuring situations may be wary of the risk that repeated litigation in different courts with...

Solomon J. Noh, Ned S. Schodek, Fredric Sosnick.