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Results: 1-10 of 95

Buyer beware: Third Circuit confirms claims are subject to disallowance despite sale to third party
  • Morrison & Foerster LLP
  • USA
  • December 5 2013

The Third Circuit in In re KB Toys, Inc. recently affirmed a decision of the Delaware District Court, holding that trade claims are subject to


Breaking the ISDA section 2(a)(III) insolvency stalemate
  • Morrison & Foerster LLP
  • USA
  • June 30 2014

On 19 June 2014, the International Swaps and Derivatives Association ("ISDA") published an amendment to the ISDA Master Agreement for use in


Cases we’re watching: CFPB v. Morgan Drexen
  • Morrison & Foerster LLP
  • USA
  • March 3 2015

We don't know about you, but we've been following the contentious litigation between the Consumer Financial Protection Bureau (CFPB) and debt-relief


Lehman waterfall application and Game Station decision
  • Morrison & Foerster LLP
  • USA
  • March 18 2014

In another judicial decision springing from Lehman Brothers, as a result of the likely surplus in the estate of Lehman Brothers International


Reorganization plan qualifies for bankruptcy exception to NOL limitation rules
  • Morrison & Foerster LLP
  • USA
  • April 30 2013

In another recent private letter ruling, the IRS ruled that an ownership change pursuant to a bankruptcy reorganization plan qualified for an


Ambac seeks bankruptcy court approval of settlement with government resolving dispute arising out of tax treatment of credit default swaps
  • Morrison & Foerster LLP
  • USA
  • April 30 2013

On April 9, 2013, Ambac Financial Group, Inc. ("Ambac") submitted a proposed settlement with the United States to the U.S. Bankruptcy Court for the


Stern revisited: big questions remain unresolved
  • Morrison & Foerster LLP
  • USA
  • June 19 2014

In its recent decision, Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.),1 the Supreme Court reiterated and


The In re Tousa, Inc fraudulent transfer decision: impacts on debt trading, derivatives trading, and commercial lending
  • Morrison & Foerster LLP
  • USA
  • October 28 2009

A recent decision in the U.S. Bankruptcy Court for the Southern District of Florida, In re Tousa, has received widespread attention for its near-wholesale rejection of insolvency “savings clauses,” and the resulting order requiring lenders to disgorge hundreds of millions of dollars


Supreme Court resolves conflict in circuit courts regarding credit bidding
  • Morrison & Foerster LLP
  • USA
  • May 29 2012

On May 29, 2012, the United States Supreme Court resolved a split among the federal courts of appeals on an important bankruptcy issue, agreeing with arguments Morrison & Foerster advanced on behalf of Amalgamated Bank


Matchmaker in chief
  • Morrison & Foerster LLP
  • USA
  • December 6 2011

On September 7, 2011, the FDIC announced the launch of a new initiative aimed at encouraging small investors and asset managers to partner with larger investors to participate in the FDIC’s structured transaction sales of assets from failed institutions