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Creditors Payment Terms

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Splits the Baby on Real Estate Landlord’s Claim for Unpaid Postpetition Rent

A chapter 7 trustee-lessee’s failure to comply with postpetition, pre-rejection lease obligations does not automatically give the landlord an administrative expense claim, as some courts fashion alternative remedies on a...more

Mayer Brown

Late Payment Regulation: the European Parliament introduces amendments as it adopts its first reading position

Mayer Brown on

On 23 April 2024, the European Parliament (EP) adopted its first-reading position and, in doing so, introduced amendments to the European Commission's (EC) proposal for a Regulation on late payment. In our update from last...more

Jones Day

Australian High Court: No Statutory Set-Off Against Unfair Preference Claims

Jones Day on

In Short - The Situation: Historically, creditors pursued by liquidators under the unfair preference regime could rely on a statutory set-off as a defence to the claim, reducing or eliminating their liability to repay...more

Troutman Pepper

Overview of Managing Customer Relationships in Troubled Times

Troutman Pepper on

In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread...more

Dechert LLP

Second Circuit Issues Reversal in Closely Watched Marblegate Case

Dechert LLP on

In a 2-1 opinion, the Second Circuit overruled the district court in Marblegate Asset Management LLC v. Education Management Corp., finding no violation of the Trust Indenture Act (“TIA”) in connection with an out-of-court...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Second Circuit Confirms That Bond Issuers Can Restructure Out-of-Court Via Consent Solicitations"

On January 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an opinion in Marblegate Asset Management v. Education Management Corp., 15-2124-cv(L), 15-2141-cv(CON) (2nd Cir. Jan. 17, 2017), overturning a...more

Seyfarth Shaw LLP

Second Circuit Reverses Marblegate Decision

Seyfarth Shaw LLP on

Trust Indenture Act Section 316(b) Limited to Actual Amendments to An Indenture’s Core Terms - Seyfarth Synopsis: On January 17, 2017, in a 2-1 decision in Marblegate Asset Management, LLC v. Education Management Finance...more

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