Douglas Bartner

Douglas Bartner

Shearman & Sterling LLP

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Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s...

In a June 3, 2016 decision, the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtor-LLC’s operating agreement that it...more

6/20/2016 - Bankruptcy Court Chapter 11 Commercial Bankruptcy Energy Sector Forbearance Agreements Limited Liability Companies Operating Agreements Public Policy

High Court Rejects Narrow Bankruptcy Fraud Exemption

In its recently issued decision in Husky International Electronics, Inc. v. Ritz, a 7-1 majority of the Supreme Court has clarified that intentionally fraudulent transfers designed to hinder or defraud creditors can fall...more

5/19/2016 - Chapter 7 Commercial Bankruptcy Debtor-Creditor Dischargeable Debts Fraudulent Conveyance Husky International Electronics v Ritz Personal Liability SCOTUS

Making the Safe Harbors Safe Again - United States Court of Appeals for the Second Circuit Holds That State Law Constructive...

The Bankruptcy Code contains “safe harbors” that, among other things, exempt transfers made in connection with certain financial contracts, including securities contracts, from avoidance by the bankruptcy trustee as...more

5/3/2016 - Bankruptcy Code Commercial Bankruptcy Fraudulent Transfers Leveraged Buyout Preemption Safe Harbors

United States Bankruptcy Court for the Southern District of New York Holds That Avoidance Powers Can Be Applied...

On January 4, 2016, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) deviated from SDNY precedent and held that, despite the absence of clear Congressional intent, the...more

2/3/2016 - Bankruptcy Code Bankruptcy Court Chapter 15 Extraterritoriality Rules Fraudulent Transfers

United States Court of Appeals for the Second Circuit Holds That Claims Arising from Securities of a Debtor’s Affiliate Must Be...

On December 14, 2015, the United States Court of Appeals for the Second Circuit held that claims arising from securities of a debtor’s affiliate must be subordinated to all claims or interests senior or equal to claims of the...more

1/5/2016 - Affiliates Appeals Bankruptcy Code Debt Securities Lehman Brothers Unsecured Debt

United States Bankruptcy Court for the Southern District of New York Identifies New Jurisdictional Hook to Provide Chapter 15...

On October 28, 2015, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued a decision that significantly expands the jurisdictional bases that foreign issuers can rely upon...more

11/10/2015 - Bankruptcy Code BAPCPA Chapter 15 Jurisdiction UNCITRAL

United States District Court for the Southern District of New York Largely Dismisses Lehman’s $8.6 Billion “Slush Fund” Claims...

On September 30, 2015, the United States District Court for the Southern District of New York (the “District Court”) denied the motion of Lehman Brothers Holdings Inc. (“LBHI,” and collectively with all of LBHI’s...more

10/15/2015 - Broker-Dealer Chapter 11 Clearing Agents Commercial Bankruptcy Creditors Dismissals JPMorgan Chase Lehman Brothers Repurchases

The United States Bankruptcy Court for the Southern District of New York Deals Loss to Lehman in Interpreting Loss Under ISDA...

In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction...more

10/1/2015 - Banking Sector Bankruptcy Court Chapter 11 Commercial Bankruptcy Intel ISDA ISDA Master Agreement Lehman Brothers Valuation

The Second Circuit Holds That Claims Against Lehman Brothers Related to Bilateral Repurchase Transactions Do Not Qualify for...

On June 29, 2015, the United States Court of Appeals for the Second Circuit affirmed the decision of the United States Bankruptcy Court for the Southern District of New York, which held that claims asserted by counterparties...more

7/16/2015 - Appeals Bankruptcy Code Bilateral Agreements Broker-Dealer Commercial Bankruptcy Contract Interpretation Creditors Lehman Brothers Repurchases SIPA Stock Repurchases Trustees

The Supreme Court Holds That a Bankruptcy Court’s Order Denying Confirmation of a Debtor’s Proposed Chapter 13 Plan Is Not a...

In a May 4, 2015 opinion1, the United States Supreme Court held that a bankruptcy court order denying confirmation of a chapter 13 repayment plan is not a final order subject to immediate appeal. The Supreme Court found that,...more

7/14/2015 - Appeals Bankruptcy Code Bankruptcy Plans Bullard v Blue Hills Bank Chapter 11 Chapter 13 Consumer Bankruptcy SCOTUS Secured Debt Unsecured Debt

The Third Circuit Court of Appeals Affirms Structured Dismissal of Chapter 11 Case, Holding That a Structured Dismissal Can...

On May 21, 2015, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States Bankruptcy Court for the District of Delaware, which had approved the structured dismissal of the Chapter 11...more

6/2/2015 - Appeals Bankruptcy Court Chapter 11 Commercial Bankruptcy Priority Debt Structured Dismissals

The United States District Court for the Southern District of New York Upholds Rulings With Respect to Subordination, Cramdown and...

In a memorandum decision dated May 4, 2015, Judge Vincent L. Briccetti of the United States District Court for the Southern District of New York affirmed the September 2014 decision of Judge Robert D. Drain of the United...more

5/29/2015 - Chapter 11 Commercial Bankruptcy Cramdown Debt Liens

Southern District of New York Holds in Madoff That the Bankruptcy Code Cannot Be Used to Recover Extraterritorial Transfers

Dealing a major blow to the trustee’s efforts to recover fraudulent transfers on behalf of the bankruptcy estate of the company run by Bernard Madoff, Judge Jed S. Rakoff of the United States District Court for the Southern...more

8/6/2014 - Bankruptcy Code Bernie Madoff Commercial Bankruptcy Cross-Border Extraterritoriality Rules Feeder Funds Foreign Investment Fund Fraudulent Transfers Insolvency Judge Rakoff Popular

Second Circuit Holds that Federal Reserve Bank of NY Was Not Subject to State Law Fiduciary Duty Claim for Actions During...

Late last month, in Starr Int’l Co. v. Fed Reserve Bank of N.Y., the Second Circuit held that the Federal Reserve Bank of New York (“FRBNY”) could not be held liable for state law fiduciary duty claims when it was acting...more

2/10/2014 - Breach of Duty Federal Reserve Fiduciary Duty

S.D.N.Y. Bankruptcy Court Finds That Claims Against Lehman Brothers Inc. Related to Bilateral Repurchase Transactions Do Not...

The United States Bankruptcy Court for the Southern District of New York recently entered a memorandum opinion in the Lehman Brothers Inc. (LBI) proceeding under the Securities Investor Protection Act (SIPA). The Bankruptcy...more

8/6/2013 - Bilateral Agreements Commercial Bankruptcy Lehman Brothers Repurchases SIPC

The Timing Is Off: The Definitional Gap Between Plain Language And Legislative Intent In The Recognition Of Foreign Proceedings

The Second Circuit is currently considering an appeal arising from the decisions of the bankruptcy and district courts in Fairfield Sentry. Its opinion is likely to resolve a split of authority between the Fairfield Sentry...more

4/11/2013 - Chapter 15 Commercial Bankruptcy Cross-Border Insolvency

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