The Second Circuit reaffirmed that the safe harbor of section 546(e) of the Bankruptcy Code protects transfers made in connection with a securities contract when a financial institution i...
This second edition of the market-leading comprehensive guide to the current state of the law on make-wholes in bankruptcy includes updates for new case law developments. Few topics gener...
Davis Polk partners Jason Kyrwood, Brian Resnick and Ken Steinberg authored “Liability management goes mainstream” in Financier Worldwide. With liability management transactions incre...
In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole premium are disallowed under section 502(b)(2) of the Bankruptcy ...
In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords unimpaired creditors of a solvent debtor an equitable right to re...
Davis Polk partner Brian Resnick and associates Richard Steinberg and Matthew Masaro authored “Bankruptcy court jurisdiction may be more limited than you think” in the American Bankru...
The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a “sacred right” provision in an indenture, which required the...
In Hertz, the Delaware Bankruptcy Court declined to dismiss certain claims for make-whole premiums pending a factual determination as to whether the make-whole amounts were the economic e...
Davis Polk partner Brian Resnick, counsel Steven Szanzer and associate Omer Netzer recently authored “A Bird in the Hand Is Worth Two on the Effective Date” in American Bankruptcy Ins...
Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers based on anticipated subsequent transactions by purchaserJudge Danie...
