Insights

 
Our lawyers produce a wealth of substantive, timely and practical resource materials for our clients and friends of the firm. Listed separately below are client memos and alerts, articles and books, and podcasts.
May 21, 2019 Supreme Court Settles Rights of Trademark Licensee Upon Rejection in Bankruptcy
Client Memorandum
January 28, 2019 Fifth Circuit Questions the Enforceability of Make-Whole and Postpetition Interest Claims in Bankruptcy
Client Memorandum
February 28, 2018 Supreme Court Interprets Scope of Section 546(e) Safe Harbor
Client Memorandum
October 23, 2017 Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium
Client Memorandum
November 28, 2016 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration
Client Memorandum
March 30, 2016 Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
Client Memorandum
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum
November 20, 2013 ResCap Court Holds That Debt Issued in Fair Value Exchanges Will Not be Discounted for OID in Bankruptcy
Insolvency and Restructuring Update
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
Client Memorandum
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

September 20, 2011 Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update
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