On November 24, 2009, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued a significant decision [1] in the ION Media Networks, Inc. ban...
In two recent decisions, the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Court for the Eastern District of Pennsylvania held that a debtor may prohibit secured credi...
On October 13, in the chapter 11 cases of homebuilder TOUSA, Inc. and its subsidiaries, Judge John K. Olson of the United States Bankruptcy Court of the Southern District of Florida avoid...
While Chrysler and GM have made headlines for months, judges in other cases have been handing down opinions of significant import for secured and unsecured creditors. The three described ...
In In re Journal Register Co., 09-10769, 2009 Bankr. LEXIS 1737 (Bankr. S.D.N.Y. July 7, 2009), Judge Allan Gropper of the U.S. Bankruptcy Court for the Southern District of New York conf...
In a recent bench ruling issued in the Lehman Brothers Chapter 11 proceedings in the Southern District of New York, Bankruptcy Judge James M. Peck held that (i) non-debtor counterparties ...
Articles & Books
The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2009
One of the cornerstones of the U.S. Chapter 11 process is the absolute priority rule, which requires that, unless they consent otherwise, junior creditors may not receive any value on acc...
In an important decision published recently, Pension Benefit Guaranty Corp. v. Oneida Ltd., 2009 WL 929528 (2d Cir. April 8, 2009), the Second Circuit Court of Appeals reversed a decision...
In an important decision published last week, the Second Circuit reversed a decision by the Southern District of New York Bankruptcy Court, which had held that premiums payable to the Pen...
