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HTMLSDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction
Thomas J. Curtin, Mark C. Ellenberg, Ellen Halstead, Howard R. Hawkins, Ivan Loncar; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 11, 2015, previously published on August 5, 2015
On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v. Wilmington Trust N.A.[1] denying plaintiff’s motion to remand the case back...

 

HTMLIllinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 10, 2015, previously published on July 29, 2015
On July 24, 2015, Judge Rita M. Novak of the Circuit Court of Cook County, Illinois struck down recently enacted legislation designed to shore up two of the City of Chicago’s severely underfunded pension plans by, among other things, reducing benefits.1 Judge Novak viewed as controlling a...

 

HTMLA Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Daniel Gwen, Ellen Halstead; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 16, 2015, previously published on May 19, 2015
On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois constitution. The legislation had sought to reduce...

 

HTMLSupreme Court Holds That Orders Denying Plan Confirmation Are Not Final for Appellate Purposes
Ingrid Bagby, Mark C. Ellenberg, Casey John Servais, Christopher J. Updike; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 16, 2015, previously published on May 21, 2015
On May 4, 2015, a unanimous United States Supreme Court in Bullard v. Blue Hills, 135 S. Ct. 1686 (2015), resolved a long-standing circuit court split by holding that a bankruptcy court’s order denying confirmation of a debtor’s proposed bankruptcy plan is not a “final”...

 

HTMLNo Market Interest Rate and No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
Ingrid Bagby, Mark C. Ellenberg, Michael A. Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors could satisfy the cramdown requirements of section 1129(b) of the Bankruptcy Code by issuing to certain secured noteholders replacement notes with...

 

HTMLLyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims
Israel Dahan, Mark C. Ellenberg, Michael Stevens; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
February 4, 2014, previously published on January 29, 2014
On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) held that section 546(e) of the Bankruptcy...

 

HTMLLehman Bankruptcy Court Issues Safe Harbor Decision
Kathryn Borgeson, Mark C. Ellenberg, Lary Stromfeld, John H. Thompson; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 7, 2014, previously published on January 6, 2014
On December 19, 2013, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued his latest decision in the Lehman Brothers cases addressing the scope of the safe harbor provisions of the Bankruptcy Code. Michigan State Housing Development Authority v....

 

HTMLCourt Holds that San Bernardino is Eligible to File for Chapter 9
Thomas J. Curtin, Mark C. Ellenberg, Lary Stromfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 28, 2013, previously published on October 24, 2013
On October 16, 2013, the U.S. Bankruptcy Court for the Central District of California ruled that the City of San Bernardino is eligible for protection under chapter 9 of the Bankruptcy Code. In re City of San Bernardino, Cal., Case No. 12-28006, 2013 WL 5645560 (Bankr. C.D. Cal. Oct. 16, 2013)....

 

HTMLDetroit Bankruptcy Court Refuses Stay of Chapter 9 Eligibility Hearing Under Stern v. Marshall
Ingrid Bagby, Thomas J. Curtin, Mark C. Ellenberg, Howard R. Hawkins, Lary Stromfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
October 2, 2013, previously published on September 30, 2013
On September 26, 2013, Judge Steven W. Rhodes of the U.S. Bankruptcy Court for the Eastern District of Michigan denied the Official Committee of Retirees’ (the “Committee”) motion to stay all eligibility proceedings pending its motion to withdraw the reference. In re City of...

 

Adobe PDFState 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.

 


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