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Brian Trust Document Search Results (6) Sort by:  | TOUSA III: Lenders Beware? Eleventh Circuit Upholds Bankruptcy Court’s Original Fraudulent Transfer Decision
Sean T. Scott, Brian Trust; Mayer Brown LLP;
Legal Alert/Article May 18, 2012, previously published on May 17, 2012 On May 15, 2012, the Eleventh Circuit Court of Appeals (the “Circuit Court”) issued an opinion in In re TOUSA, Inc., in which it affirmed the original decision of the bankruptcy court and reversed the appellate decision of the district court. After a 13-day trial, the bankruptcy court...
|  | Bankruptcy Court Holds Assignment of Voting Right Unenforceable
Frederick D. Hyman, Brian Trust; Mayer Brown LLP;
Legal Alert/Article November 30, 2011, previously published on November 29, 2011 The Bankruptcy Court for the District of Massachusetts recently issued an opinion in In re SW Boston Hotel Venture, LLC in which it found, among other things, that the assignment of voting rights from a junior creditor to a senior creditor pursuant to an intercreditor agreement was unenforceable....
| | Lehman Bankruptcy Court Denies Contractual Right to Three-Party Setoff in Bankruptcy
Howard S. Beltzer, Brian Trust; Mayer Brown LLP;
Legal Alert/Article October 6, 2011, previously published on October 5, 2011 The Bankruptcy Court for the Southern District of New York has held that a cross-affiliate netting provision in an ISDA swap agreement is unenforceable in bankruptcy. In the SIPA proceedings of Lehman Brothers Inc. (LBI), UBS AG (UBS) sought to offset UBS’s obligation to return excess...
| | New York District Courts Differ Regarding the Scope of the Bankruptcy Code’s “Safe Harbors” for Protected Contracts
Frederick D. Hyman, Brian Trust; Mayer Brown LLP;
Legal Alert/Article October 6, 2011, previously published on October 5, 2011 The District Court for the Southern District of New York recently issued an opinion in Picard v. Katz, et al., (In re Bernard L. Madoff Investment Securities LLC), which limits avoidance actions against a debtor-broker’s customers to those arising under federal law based on actual, rather...
| | Commercial Paper Redemption “Safe Harbored” from Preference Liability per Second Circuit Court of Appeals
Amit K. Trehan, Brian Trust; Mayer Brown LLP;
Legal Alert/Article July 18, 2011, previously published on July 11, 2011 The US Court of Appeals for the Second Circuit recently held that redemptions of commercial paper made through the Depositary Trust Company (DTC) are entitled to the “safe harbor” protections afforded to settlement payments under Bankruptcy Code Section 546(e), and are, therefore, not...
| | Seventh Circuit Upholds Secured Lenders’ Right to Credit Bid in Asset Sales Under a Chapter 11 Plan
Thomas S. Kiriakos, Brian Trust; Mayer Brown LLP;
Legal Alert/Article July 18, 2011, previously published on July 6, 2011 The US Court of Appeals for the Seventh Circuit has weighed in on the question of whether a secured creditor’s ability to credit bid—to offset the amount of the creditor’s debt against the purchase price of sale assets rather than bid in cash—is a right guaranteed by statute...
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