Unanimous panel affirms dismissals of two actions brought by creditors seeking to avoid transactions through an end run around Section 546
In a final opinion dated March 29, 2016, the Sec...
In the wake of the recent Momentive ruling on cramdown plan confirmation (discussed in our recent client memorandum
), on September 30, 2014, the bankruptcy court also rejected the senior...
In a lengthy bench ruling delivered on August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that Momentive Performance M...
Articles & Books
American Bankruptcy Institute Journal, Vol. XXXIII, No. 8, August 2014
Interested parties in the largest and most complex bankruptcy cases are increasingly turning to mediation as a means of reaching consensual plan terms, in addition to more targeted mediat...
On September 15, 2013, Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York issued an opinion in the Residential Capital (“ResCap”) bankruptc...
In the August 2012 decision in the Tropicana case, the U.S. Court of Appeals for the Third Circuit upheld the U.S. Bankruptcy Court for the District of Delaware’s denial of a creditor g...
In an apparent attempt to address delay and cost in the restructuring process, a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has imposed an u...
Before the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), indefinite extensions of a debtor’s initial 120-day exclusive period in which to fi...
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
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...