martindale.com
Legal Library
|
Show: results per page Sort by:  | State Review Team Finds Financial Emergency in City of Detroit. What is Next for the City of Detroit?
Mark C. Ellenberg, Stephen Grow, Tim Horner, Lary Stromfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article February 20, 2013, previously published on February 19, 2013 On February 19, 2013, the six-person Review Team appointed by Michigan’s Governor to conduct a detailed financial review of the City of Detroit delivered its report to the Governor. The Report concludes that a financial emergency exists in the City.
| | SDNY Bankruptcy Court Interprets Section 546(e)’s Safe Harbors in Lehman-JPMorgan Dispute
Kathryn M. Borgeson, Mark C. Ellenberg, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article May 4, 2012, previously published on May 3, 2012 On April 19, 2012, the U.S. Bankruptcy Court for the Southern District of New York granted in part and denied in part JPMorgan Chase, N.A.’s motion to dismiss an adversary complaint filed by Lehman Brothers Holdings Inc. (“LBHI”) and its Official Committee of Unsecured Creditors....
| | Delaware’s Not So Safe Harbors: Third Circuit Bankruptcy Court Declines to Rule that a Payment on a Letter of Credit is an Avoidance-Proof “Settlement Payment”
Mark C. Ellenberg, Peter M. Friedman, Michele C. Maman, Douglas S. Mintz, Casey Servais; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article April 18, 2012, previously published on April 17, 2012 On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance...
| | Bankruptcy Court for Southern District of New York Prohibits Triangular Setoff Provided for in Safe Harbored Contract
Mark C. Ellenberg, Peter M. Friedman, Douglas S. Mintz, Alexander Strom; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article October 12, 2011, previously published on October 12, 2011 On October 4, 2011, the United States Bankruptcy Court for the Southern District of New York ruled that a contractual right of a triangular (non-mutual) setoff was unenforceable in bankruptcy, even though the contract was safe harbored. In re Lehman Brothers, Inc., No. 08-01420 (JMP), 2011 WL...
| | FDIC Approves Rule Making With Respect to Orderly Liquidation Authority; Defers Ruling on Living Wills
Mark C. Ellenberg, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article August 2, 2011, previously published on July 28, 2011 On July 6, the FDIC approved a final rule implementing the Orderly Liquidation Authority. The FDIC had been expected to issue a final rule on the “Living Will” requirements July 6 as well. However, the FDIC tabled this matter until its August 6 meeting.
| | Stern v. Marshall: How Big Is It?
Mark C. Ellenberg, Peter M. Friedman, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article July 18, 2011, previously published on July 14, 2011 On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a debtor against a claimant. This is the latest round of a well-known case involving the estate of...
| | S.D.N.Y. Bankruptcy Court Continues to Construe Bankruptcy Code’s Safe Harbor Provisions Narrowly
Mark C. Ellenberg, Stephen M. Johnson, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article June 10, 2011, previously published on June 7, 2011 In two recent decisions, the United States Bankruptcy Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code’s safe harbor provisions.
| | Third Circuit Upholds Use of Discounted Cash Flow Method Under Bankruptcy Code Section 562 in In re American Home Mortgage Holdings, Inc., et al.
Mark C. Ellenberg, Michele C. Maman, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article March 7, 2011, previously published on March 2, 2011 On February 16, 2011, the United States Court of Appeals for the Third Circuit ruled that a discounted cash flow analysis constituted “a commercially reasonable determinant[] of value” for purposes of section 562(a) of the United States Bankruptcy Code. In so doing, the court upheld the...
| | S&P Likely to Refuse De-Linked Ratings for Bank-Sponsored Securitizations That Fail to Meet FDIC’s Final Safe Harbor Rule
Charles E. Bryan, Leslie W. Chervokas, Peter M. Dodson, Angus Duncan, Mark C. Ellenberg; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article October 28, 2010, previously published on October 27, 2010 Standard & Poor’s announced recently that it will likely treat as secured loans Bank-sponsored securitizations that constitute sales under GAAP, but fail to comply with the FDIC’s final securitization safe harbor rule (the “Rule”). As secured loans, these transactions...
| | District Court Grants BNY Leave to Appeal Bankruptcy Court’s Interlocutory Order in Lehman, Prohibiting Enforcement of Ipso Facto Clause in Swap
Mark C. Ellenberg, Stephen M. Johnson, Douglas S. Mintz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article October 15, 2010, previously published on October 13, 2010 On September 21, 2010, the United States District Court for the Southern District of New York granted BNY Corporate Trustee Services Limited leave to appeal a decision of the Bankruptcy Court in the Lehman Brothers bankruptcy case. The Bankruptcy Court held that a key provision of certain...
|
|