Late last week, the United States Supreme Court affirmed a 2010 ruling of the Ninth Circuit Court of Appeals and held that a bankruptcy court, as a non-Article III court, did not have the...
Counterparties to repurchase agreements and other contracts protected under the safe-harbor provisions the Bankruptcy Code have something new to worry about: the possible undervaluation o...
On February 16, 2011 the Third Circuit Court of Appeals affirmed a Delaware bankruptcy court’s 2009 ruling that “commercially reasonable determinants of value” for purposes of measu...
On February 11, 2011, the U.S. District Court for the Southern District of Florida quashed a 2009 Bankruptcy Court decision that had ordered certain lenders of Florida-based homebuilder T...
In an important recent decision, In re Champion Enterprises Inc., the U.S. Bankruptcy Court for the District of Delaware held that payments made and collateral granted on account of valid...
In re Champion Enterprises Inc., the U.S. Bankruptcy Court for the District of Delaware dismissed, inter alia, portions of the creditors’ committee’s complaint against the pre-petitio...
In a recent controversial decision, In re Visteon Corp., the U.S. Court of Appeals for the Third Circuit ruled that a debtor must comply with the stringent procedural and substantive requ...
On July 13, 2010, in a controversial decision, the U.S. Court of Appeals for the Third Circuit ruled that a debtor must comply with the stringent procedural and substantive requirements o...
In a notable recent decision (In re Exide Technologies, Docket Number 08-1872 (3d Cir. Jun. 1, 2010)), the Third Circuit, in reversing a decision by the District of Delaware, held that a ...
On June 15, 2010, significant amendments to Bankruptcy Rule 2019, which governs the disclosure of claims and interests held by members of certain representative entities and the parties t...
