On October 22, 2020, in a 4-3 opinion, the Court of Appeals for the State of New York held that the right of certain dissenting minority noteholders to sue for nonpayment following a default survived a strict foreclosure,...more
On May 22, Judge Paul Gardephe of the U.S. District Court for the Southern District of New York granted a motion to dismiss in Kirschner v. JPMorgan Chase Bank, N.A., a case that, among other things, considered whether the...more
Background -
Recently, the Loan Syndications and Trading Association (LSTA) circulated revised language relating to the trading of English law-governed loans on the LSTA Par/Near Par Trade Confirmation (the LSTA Par...more
In an opinion dated Feb. 27, 2020, Judge Colleen McMahon of the United States District Court for the Southern District of New York reversed the decision of the bankruptcy court that had granted Sears the right to assign its...more
In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who submits a proof of claim in bankruptcy waives its right to a jury trial,...more
2/21/2020
/ Adversary Proceedings ,
Bankruptcy Court ,
Breach of Contract ,
Business & Professions Code ,
Case Consolidation ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Fraud ,
Jury Trial ,
Promissory Estoppel ,
Proof of Claims ,
Reservation of Rights
In a 2-1 opinion dated July 22, 2019, the Fifth Circuit held that third parties who paid a receiver to settle estate claims against them are entitled to an order barring other creditors from suing the settling third parties...more
8/6/2019
/ Anti-Injunction Act ,
Appeals ,
Breach of Duty ,
Chapter 11 ,
Creditors ,
In Rem Jurisdiction ,
Ponzi Scheme ,
Receivership ,
Releases ,
Securities and Exchange Commission (SEC) ,
Stanford Ponzi Scheme ,
Third-Party