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Anti-Assignment Clauses Uniform Commercial Code (UCC)

Jones Day

Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable

Jones Day on

Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers. Notable decisions have addressed, among other...more

Troutman Pepper

Anti-Assignment Clause Enforced by Delaware Bankruptcy Court

Troutman Pepper on

On June 20, the U.S. Bankruptcy Court for the District of Delaware held that anti-assignment clauses contained in certain promissory notes were enforceable under Delaware law, contract law and the Uniform Commercial Code. ...more

Dechert LLP

Buyer Beware in the Bankruptcy Claims Trading Market

Dechert LLP on

The Bankruptcy Court for the District of Delaware recently held in In re Woodbridge Group of Companies, LLC that while Rule 3001 of the Bankruptcy Code provides a mechanism for transfers of claims, Rule 3001 is not a...more

A&O Shearman

You Get What You Get and You Don’t Get Upset: Delaware Bankruptcy Court Enforces Anti-Assignment Clause

A&O Shearman on

On June 20, 2018, the United States Bankruptcy Court for the District of Delaware issued a decision sustaining the debtors’ objection to the proof of claim filed by Contrarian Funds, LLC. The bankruptcy court found that the...more

Alston & Bird

Woodbridge Case Highlights Risk of Claims Traders Not Complying with Anti-Assignment Restrictions

Alston & Bird on

Our Distressed Debt & Claims Trading Team explores why it is more important than ever for bankruptcy claims and loan traders to inspect and comply with express anti-assignment and transfer restrictions in underlying debt...more

White and Williams LLP

Delaware Bankruptcy Court Sustains Objection to Claim on a Note Transferred in Violation of Anti-Assignment Restriction

White and Williams LLP on

The June 20, 2018 decision by the Delaware Bankruptcy Court in Woodbridge Group of Companies, LLC should prompt those involved in claims trading to reassess transactions where the underlying documents have anti-assignment...more

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