On December 19, 2019, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) affirmed a ruling of the United States District Court for the Southern District of New York (the “District Court”)...more
1/8/2020
/ Acquisitions ,
Appeals ,
Bankruptcy Code ,
Chapter 11 ,
Clearing Agencies ,
Commercial Bankruptcy ,
Contract Terms ,
Creditors ,
Debt Restructuring ,
Financial Institutions ,
Fraudulent Conveyance ,
Intermediaries ,
Leveraged Buyout ,
Motion to Dismiss ,
Safe Harbors ,
Section 546(e) ,
Securities Transactions ,
Shareholders ,
Unsecured Debt
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan (“Plan”) with a prominent backstopped...more
9/11/2019
/ Adversary Proceedings ,
Appeals ,
Backstop Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Coal Industry ,
Commercial Bankruptcy ,
Debt Restructuring ,
Debtors ,
Energy Sector ,
Equitable Mootness ,
Good Faith ,
Judgment on the Merits ,
Offerings ,
Peabody Energy ,
Preferred Shares ,
Private Placements ,
Pro Rata Allocation Rule ,
Reorganizations ,
Sales of Securities ,
Secured Debt ,
Securities Regulation ,
Unsecured Debt
Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in...more
On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the...more
1/21/2015
/ Appeals ,
Bernie Madoff ,
BVI Business Companies ,
Chapter 15 ,
Commercial Bankruptcy ,
Foreign Jurisdictions ,
Intangible Property ,
Investment Funds ,
Jurisdiction ,
Liquidation ,
Petition for Review ,
Sale of Assets ,
Section 363 ,
Transfer of Assets ,
Transfers