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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.

 

Adobe PDFSDNY 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....

 

Adobe PDFDelaware’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...

 

Adobe PDFBankruptcy 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...

 

Adobe PDFFDIC 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.

 

Adobe PDFStern 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...

 


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