Ruling overturns New York decision rejecting market-based approach.
Key Points:
- Court of Appeals for the Second Circuit requires courts to consider efficient market interest rate, if available, for purposes of chapter...more
Second Circuit’s reversal of controversial restructuring decision may boost confidence among distressed bond issuers.
The recent decision of the United States Court of Appeals for the Second Circuit in Marblegate has...more
Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law.
On April 2, 2015, the United States Bankruptcy Court for the District of Delaware...more
Restructuring decision broadly interpreting bondholder protections under the Trust Indenture Act may significantly impact out-of-court restructurings.
On December 30, 2014, the US District Court for the Southern...more
The recent drop in oil prices will likely spur a flurry of industry restructurings, governed by a complex set of bankruptcy and state laws.
Introduction -
At the close of business on December 31, 2014, the...more
The U.S. Bankruptcy Court’s recent decision highlights the pitfalls of ambiguous intercreditor agreements for senior creditors.
Why the Momentive case is important -
Intercreditor agreements among secured...more
10/16/2014