On July 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy court’s approval of a break-up fee and expense reimbursement owed to a debtor’s prior lender, after the lender was not the winning bidder...more
On August 3, 2023, the U.S. Bankruptcy Court for the Southern District of Texas found that the majority of the shares of stock of a reorganized debtor should be allocated to unsecured creditors, and not the secured creditors,...more
10/13/2023
/ Avoidance ,
Bankruptcy Court ,
Debtors ,
Deed of Trust ,
Leases ,
Lenders ,
Liens ,
Noteholders ,
Reorganizations ,
Texas ,
Unsecured Debt ,
Waivers
On June 3, 2022, the U.S. Bankruptcy Court for the Northern District of Texas refused to extend the “ponzi-scheme presumption” in connection with an actual intent fraudulent transfer claim because there was no actual ponzi...more
On February 14, 2019, Judge Lane of the Bankruptcy Court for the SDNY issued an opinion in Republic Airways Holdings Inc. addressing whether the liquidated damages provisions in certain aircraft “true leases” under Article 2A...more
2/20/2019
/ Actual Damages ,
Aircraft Financing ,
Debtors ,
Fair Market Value ,
Guarantors ,
Lease Financing ,
Lease Term ,
Lessor ,
Liquidated Damages ,
Public Policy ,
Unenforceable Contract Terms ,
Uniform Commercial Code (UCC) ,
Value-Based Fees
On June 11, 2018, Mission Product Holdings, Inc. (“MPHI”), a developer of chemical free cooling fabrics, petitioned the U.S. Supreme Court for a writ of certiorari to resolve a circuit split on whether a licensee’s right to...more