On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more
7/10/2023
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 13 ,
Debtors ,
Dischargeable Debts ,
MOAC Mall Holdings LLC v Transform Holdco LLC ,
Offering Fraud ,
Puerto Rico Oversight Management and Economic Stability Act (PROMESA) ,
SCOTUS ,
Sovereign Immunity
Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues...more
Last week the Second Circuit issued its long-awaited opinion on the appeals of plan confirmation taken by the first lien, 1.5 lien and subordinated noteholders in In re MPM Silicones, LLC (“Momentive”). With one exception,...more
The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital...more
7/5/2017
/ Bankruptcy Code ,
Bankruptcy Court ,
Capital Expenditures ,
Certiorari ,
Debt-Equity ,
Distressed Debt ,
Equity ,
Federal v State Law Application ,
Investors ,
Lenders ,
PEM Entities LLC v. Levin ,
Recharacterization ,
SCOTUS ,
Split of Authority
Earlier this month, the Supreme Court announced that it will review the scope of Bankruptcy Code section 546(e)’s safe harbor provision. Section 546(e) protects from avoidance those transfers that are made “by or to (or for...more
5/15/2017
/ Avoidance ,
Bankruptcy Code ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Financial Institutions ,
Fraudulent Transfers ,
Merit Management Group v FTI Consulting ,
Safe Harbors ,
SCOTUS ,
Section 546(e) ,
Securities ,
Split of Authority
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold that a debtor cannot use a...more