This second edition of the market-leading comprehensive guide to the current state of the law on make-wholes in bankruptcy includes updates for new case law developments. Few topics gener...
Davis Polk partner and Restructuring practice co-head Marshall Huebner, partner Adam Shpeen and associate Hailey Klabo authored “One Person Can Knock Out Our Firm? Imputation and Retent...
Davis Polk partner and Restructuring practice co-head Marshall Huebner, partner Adam Shpeen, counsel Stephen Piraino and associate Mariya Dekhtyar authored “Risks for Transactions and D...
Davis Polk partner Adam Shpeen and associate Jinhe Hu recently authored “Litigating backstop agreements: The limits of appellate jurisdiction” in ABI Journal. The article discusses th...
In Ultra Petroleum, the Fifth Circuit became the first circuit court to determine that claims for payment of a make-whole premium are disallowed under section 502(b)(2) of the Bankruptcy ...
In a 2-1 ruling, the Ninth Circuit became the first circuit court to hold that the “solvent debtor exception” affords unimpaired creditors of a solvent debtor an equitable right to re...
The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a “sacred right” provision in an indenture, which required the...
Davis Polk partner Adam Shpeen, counsel Aryeh Falk and associate Stephen Ford recently authored “Preferred Equity in Peril?” in The Bankruptcy Strategist. In the article, they discuss...
In Hertz, the Delaware Bankruptcy Court declined to dismiss certain claims for make-whole premiums pending a factual determination as to whether the make-whole amounts were the economic e...
Judge Rakoff’s Nine West decision allowed fiduciary duty claims to proceed against LBO seller directors and officers based on anticipated subsequent transactions by purchaserJudge Danie...
