Michele Maman

Michele Maman

Cadwalader, Wickersham & Taft LLP

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Latest Publications


Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement...

On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy that resolved an intercreditor dispute over $90 million in...more

3/29/2016 - Chapter 11 Collateral Commercial Bankruptcy Energy Futures Holdings First-Lien Insolvency Secured Creditors

Buyer (and its Creditors) Beware: SemCrude District Court Finds That Purchasers Took Oil and Gas Free and Clear of Producers'...

Although almost eight years have lapsed since the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P. were confirmed, many of the issues at the forefront of those cases are re-emerging in light of the recent uptick in oil...more

10/14/2015 - Article 9 Chapter 11 Commercial Bankruptcy Commodities Corporate Restructuring Energy Sector Lenders Liens Mineral Leases Mineral Rights Oil & Gas Petroleum Refining Producers Secured Debt

TCEH Bankruptcy: SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy...

On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v....more

8/6/2015 - Bankruptcy Code Bankruptcy Court Chapter 11 Commercial Bankruptcy First-Lien Intercreditor Agreements Jurisdiction

Illinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis

On July 24, 2015, Judge Rita M. Novak of the Circuit Court of Cook County, Illinois struck down recently enacted legislation designed to shore up two of the City of Chicago’s severely underfunded pension plans by, among other...more

7/30/2015 - Chapter 9 City of Chicago IL Supreme Court Municipal Bankruptcy Pension Reform Pensions Popular Retirement

A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits

On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois...more

5/20/2015 - IL Supreme Court Pension Reform Popular Public Pension

In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration

On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,...more

2/4/2013 - Arbitration Collateral Commercial Bankruptcy Debtor-Creditor Hostess

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