In a recent decision issued in the Lehman Brothers Inc. SIPA proceeding in the Southern District of New York, In re Lehman Brothers Inc., Case No. 08-01420 (JMP) (SIPA), slip op. (Bankr. ...
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
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The Harvard Law School Forum on Corporate Governance and Financial Regulation
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
On June 28, 2011, in a much anticipated decision, a panel of the United States Court of Appeals for the Seventh Circuit, in In re River Road Hotel Partners, LLC, affirmed a decision of th...
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...
The era of the non-consensual “gift plan” may be over. The Third U.S. Circuit Court of Appeals dealt a blow to the practice in 2005 in In re Armstrong World Indus., Inc., 432 F.3d 507...
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 the wake of the recent purchase of AmericanWest Bank by a joint venture between a Goldman Sachs fund and Oaktree Capital, we have received numerous client inquiries regarding the diffe...