On February 16, 2011 the Third Circuit Court of Appeals affirmed a Delaware bankruptcy court’s 2009 ruling that “commercially reasonable determinants of value” for purposes of measu...
On February 11, 2011, the U.S. District Court for the Southern District of Florida quashed a 2009 Bankruptcy Court decision that had ordered certain lenders of Florida-based homebuilder T...
In the wake of the recent purchase of AmericanWest Bank by a joint venture between a Goldman Sachs fund and Oaktree Capital, we have received numerous client inquiries regarding the diffe...
In an important recent decision, In re Champion Enterprises Inc., the U.S. Bankruptcy Court for the District of Delaware held that payments made and collateral granted on account of valid...
In a recent controversial decision, In re Visteon Corp., the U.S. Court of Appeals for the Third Circuit ruled that a debtor must comply with the stringent procedural and substantive requ...
Articles & Books
American Bankruptcy Institute Journal, reprinted in Best of ABI 2011: The Year in Business Bankruptcy
In a recently published decision, In re DBSD North America Inc., 421 B.R. 133 (Bankr. S.D.N.Y. 2009), Hon. Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New Y...
In a notable recent decision (In re Exide Technologies, Docket Number 08-1872 (3d Cir. Jun. 1, 2010)), the Third Circuit, in reversing a decision by the District of Delaware, held that a ...
On June 15, 2010, significant amendments to Bankruptcy Rule 2019, which governs the disclosure of claims and interests held by members of certain representative entities and the parties t...
In a much anticipated decision, on March 22, 2010, a split panel of the United States Court of Appeals for the Third Circuit affirmed a District Court decision holding that a debtor may b...
Marshall S. Huebner, who co-heads Davis Polk’s Insolvency and Restructuring Group and served as lead counsel in several airline restructurings, testified by invitation before Congress o...
