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New York Appellate Court Keeps Power Plant Lawsuit Against Lenders Alive

On July 13, 2023, a New York intermediate appellate court held that Iberdrola could continue pursuing all but one of its claims against a bevy of lenders in connection with a construction contract for a power plant in...more

SDNY Finds Master Servicer and Sub-Servicer Could be Liable for Uncollected Mortgage Payments

On March 31, 2023, the U.S. District Court for the Southern District of New York partially dismissed a complaint against a master servicer and a sub-servicer under a Pooling and Service Agreement (“PSA”) in connection with an...more

Southern District of New York Once Again Dismisses Claims Alleging “Loan-to-Own” Scheme Over Texas Development

On March 23, 2023, a year after dismissing all claims against a lender in an 18-count complaint alleging a multi-year “loan-to-own” scheme in a Texas real estate development, the U.S. District Court for the Southern District...more

Bankruptcy Court Partially Dismisses Fraudulent Transfer Claims Against Sponsor-Lender

On August 3, 2022, the U.S. Bankruptcy Court for the District of Delaware partially dismissed fraudulent transfer claims asserted by the chapter 7 trustee for Bayou Steel against Black Diamond Capital Management (and...more

Divided Fifth Circuit Panel Suggests Bankruptcy Strong-Arm Power Precludes Reforming Mortgages After Petition Date

On April 14, 2022, in an unpublished, divided opinion affirming lower-court orders disallowing a creditor’s claim and declaring the creditor’s mortgage invalid and unenforceable, the U.S. Court of Appeals for the Fifth...more

Rhode Island Court Upholds Usury Penalty (Without Interest) Against Lender

On April 1, 2022, the Superior Court of Rhode Island, Providence County, granted partial summary judgment in favor of receivership plaintiffs for statutory damages related to usurious loans in an amount equal to all payments...more

Southern District of New York Dismisses Claims Alleging “Loan-to-Own” Scheme

On March 4, 2022, Judge Lewis Liman of the U.S. District Court for the Southern District of New York dismissed an 18-count complaint alleging a multi-year “loan-to-own” conspiracy—including claims of fraud, RICO and money...more

Ultra Petroleum Bankruptcy Court Again Allows Make-Whole Premiums, Postpetition Default Interest—At Least For Solvent Debtors

In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and post-petition interest (i.e., interest accruing after the bankruptcy filing) to...more

Trade & Manufacturing - February 2019

Over the Horizon: The rise and fall of nuclear new build in the United Kingdom - September 2016 was supposed to herald the dawn of a new era for the nuclear power industry in the United Kingdom. The UK Government had...more

Fifth Circuit Vacates Bankruptcy Court’s Order Requiring Payment of Make-Whole Premium and Interest in Ultra Petroleum Bankruptcy

On January 17, 2019, the U.S. Court of Appeals for the Fifth Circuit delivered a much-awaited opinion with respect to whether Ultra Petroleum Corporation (“UPC”) was required to pay its noteholders contractual make-whole...more

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