martindale.com
Legal Library
|
Show: results per page Sort by:  | 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...
| | Time to Roll the Dice on Online Gaming?
Scott Greenberg, Geoffrey W. Levin, Douglas S. Mintz, Jeffrey Taub; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article January 13, 2012, previously published on January 12, 2012 On December 23, 2011, the U.S. Department of Justice Office of Legal Counsel (“OLC”) issued a memorandum opinion dated September 20, 2011, eliminating one of the federal barriers to legalizing internet gambling and opening the door for the possibility of a regulatory regime shift. In...
| | Harrisburg: A Case Study in State Law Barriers to Chapter 9
Timothy T. Brown, Douglas S. Mintz, John J. Rapisardi, Lary Stromfeld; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article January 12, 2012, previously published on January 10, 2012 On November 23, 2011, the Bankruptcy Court for the Middle District of Pennsylvania dismissed Harrisburg, Pennsylvania’s Chapter 9 bankruptcy petition because, shortly before the filing, the state legislature expressly prohibited Harrisburg from seeking relief under Chapter 9....
| | 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...
|  | Re-opening Bankruptcy Auctions: Is that Your Final Answer?
Douglas S. Mintz, Michael A. Stevens, Joseph Vincent Zujkowski; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article November 12, 2010, previously published on November 9, 2010 When selling assets under section 363 of the Bankruptcy Code or pursuant to a plan, debtors typically conduct auctions, selecting the highest or best bidder as the purchaser. Section 363 auctions are intended to enable debtors to maximize the value of their assets, while ensuring "finality...
|
|