In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...

Decision restores certainty to out-of-court debt restructurings In a surprising 2014 decision, the District Court for the Southern District of New York held that the Trust Indenture Act ...

An issuer of high yield bonds won dismissal of claims brought by retail noteholders who claimed that a debt swap of new secured notes for unsecured notes, made available only to instituti...

On November 17, the U.S. Court of Appeals for the Third Circuit, based in Philadelphia, held that noteholders were entitled to payment of an optional redemption premium at the make-whole ...

In an opinion entered on November 17, 2014, Judge Stuart M. Bernstein of the United States Bankruptcy Court for the Southern District of New York held that Suntech Power Holdings Co., Ltd...

Following a recent line of high profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor’s bankruptcy, the U.S. Bankruptcy Cou...

On September 29, 2014, in Czyzewski v. Sun Capital Partners, Inc.(In re Jevic Holding Corp.), the United States District Court for the District of Delaware issued a decision holding that ...

In the wake of the recent Momentive ruling on cramdown plan confirmation (discussed in our recent client memorandum ), on September 30, 2014, the bankruptcy court also rejected the senior...

In a lengthy bench ruling delivered on August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that Momentive Performance M...

On January 14, 2014, U.S. Bankruptcy Judge Robert E. Gerber of the Southern District of New York issued a decision with potential implications for the interpretation of Section 546(e) of ...