NEW YORK — Any revisions to the federal Bankruptcy Code's treatment of qualified financial contacts should amend the Code's safe harbors to narrow preferential treatment for counterparties while retaining the Code's push to...more
Last October, I wrote about a scheme employed, in three separate bankruptcy cases, by debtors seeking to evade the absolute priority rule in order to keep the real property owned by the debtor in the hands of the ‘family’ at...more
Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the...more
On December 13, 2012, Judge Vincent L. Briccetti from the United States District Court of the Southern District of New York denied the appellant Notes Trustee’s request to compel payment of an administrative expense claim....more
In This Issue: Caveat Emptor: Emerging Issues for Buyers of Bankruptcy Claims Entertainment Litigation Update; Trial Practice Update; Japan Litigation Update; and Libor Litigation Update ...more
Originally published in ABL Advisor on 1/15/2013. As co-chairs of the American Bankruptcy Institute’s Commission to Study the Reform of Chapter 11 (ABI Commission), we are proud to note that the ABI Commission is...more
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