On December 19, 2019, the Second Circuit held that appellants’ state law constructive fraudulent transfer claims were preempted by virtue of the Bankruptcy Code’s safe harbors that exempt transfers made in connection with a...more
3/4/2020
/ Automatic Stay ,
Bankruptcy Code ,
Commercial Bankruptcy ,
Financial Institutions ,
Fraudulent Conveyance ,
Fraudulent Transfers ,
Leveraged Buyout ,
Merit Management Group v FTI Consulting ,
Motion for Relief from Automatic Stay ,
Preemption ,
Safe Harbors ,
Section 546(e) ,
Stock Repurchases ,
Trustees
On January 14, 2020, the Supreme Court of the United States issued a decision resolving the question of whether a motion for relief from the automatic stay constitutes a discrete dispute within the bankruptcy that creates a...more
2/8/2020
/ Appeals ,
Automatic Stay ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Dismissals ,
Federal Rules of Bankruptcy Procedure ,
Motion for Relief from Automatic Stay ,
Reaffirmation ,
Right To Appeal ,
Ritzen Group Inc v Jackson Masonry LLC ,
SCOTUS ,
Time-Barred Claims
On November 17, 2016, the United States Court of Appeals for the Third Circuit issued a decision in which it held that holders of first lien notes and second lien notes of Energy Future Intermediate Holding Company LLC and...more
11/22/2016
/ Acceleration ,
Appeals ,
Automatic Stay ,
Bankruptcy Court ,
Bonds ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Interpretation ,
Debt Financing ,
Energy Notes ,
Make-Whole Doctrine ,
Rescission ,
Reversal ,
Right of Redemption ,
Senior Indenture