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Results:1-10 of 11

Lenders Beware: The 9th Circuit Dilutes Voting Power in Multi-Debtor Cases (In re Transwest Resort Properties Inc.)
  • Sullivan & Worcester LLP
  • USA
  • February 23 2018

Courts are often faced with the situation in which affiliated debtors file for Chapter 11 reorganization and request to have their cases jointly


Mission Accomplished First Circuit Bankruptcy Appellate Panel Acknowledges Post-Rejection Rights of Licensee of Trademarks
  • Sullivan & Worcester LLP
  • USA
  • January 18 2017

The Bankruptcy Appellate Panel (“BAP”) for the First Circuit recently upheld a licensee’s rights to use a debtor’s trademarks and logo after a


A win for innovation: Supreme Court’s denial of review of Jaffe v. Samsung Electronics Co. preserves U.S. rights of licensees of Chapter 15 foreign debtors
  • Sullivan & Worcester LLP
  • USA
  • October 20 2014

On Monday, October 6, 2014, the U.S. Supreme Court denied a petition for writ of certiorari in Jaffe v. Samsung Electronics Co., thereby preserving


But only from sea to shining sea: U.S. court limits the reach of U.S. Bankruptcy Code
  • Sullivan & Worcester LLP
  • USA
  • July 17 2014

International businesses involved in transactions associated in some way with U.S. citizens received a measure of relief over the 4th of July holiday


Second Circuit adds to broadening scope of section 546 (e) safe harbors for transactions involving financial institutions
  • Sullivan & Worcester LLP
  • USA
  • September 27 2013

The United States Court of Appeals for the Second Circuit (the "Second Circuit") recently followed the emerging trend of affording the safe harbor


Eleventh Circuit reinstates controversial decision in TOUSA
  • Sullivan & Worcester LLP
  • USA
  • November 7 2012

The United States Court of Appeals for the Eleventh Circuit (the “Eleventh Circuit”) has reinstated the controversial 2009 decision of the United States Bankruptcy Court for the Southern District of Florida (the “Bankruptcy Court”) that required a group of lenders to disgorge $421 million as fraudulent conveyances under sections 548 and 550 of the Bankruptcy Code.


No standing in Bankruptcy Court for holder of certificated interest in real estate mortgage investment conduit
  • Sullivan & Worcester LLP
  • USA
  • April 21 2011

In a decision entered April 1, 2011, the Bankruptcy Court for the Southern District of New York denied standing to the holder of a certificate of beneficial interest in a real estate mortgage investment conduit (“REMIC”).


TOUSA continued: district court awards second victory to lenders
  • Sullivan & Worcester LLP
  • USA
  • March 17 2011

We reported to you last month a significant development in the matter of In re TOUSA USA, when the United States District Court for the Southern District of Florida issued its opinion and order reversing the controversial holdings of the Bankruptcy Court in the TOUSA chapter 11 case as to the so-called "Transeastern Lenders," a group of lenders who had previously been ordered to disgorge nearly billion dollars received in repayment of indebtedness which the Court found constituted a fraudulent transfer under Sections 548 and 550 of the Bankruptcy Code.


District court overturns TOUSA fraudulent transfer decision as to joint venture lenders
  • Sullivan & Worcester LLP
  • USA
  • February 16 2011

On February 11, 2011, the United States District Court for the Southern District of Florida reversed the controversial decision of the Bankruptcy Court in In re TOUSA that required a group of lenders to disgorge nearly half a billion dollars in repayment of indebtedness which the Bankruptcy Court found constituted a fraudulent transfer under Sections 548 and 550 of the Bankruptcy Code.


Jeanne P. Darcey
  • Sullivan & Worcester LLP