Davis Polk partner and Restructuring practice chair Don Bernstein served as contributing editor to the 10th edition of The Insolvency Review and authored the “Editor’s Preface.” In ...
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 ...
Few topics generate as much attention and commentary within the restructuring community as the treatment of make-wholes in bankruptcy. During the past decade, several prominent judicial d...
We have updated our visual memo on the Main Street Program to reflect the expansion of the program and the revised program documents that the Federal Reserve announced this week. This dec...
We have updated our memo on the legal architecture of the Main Street Program to reflect the expansion of the program and the revised program documents that the Federal Reserve announced ...
On Friday, December 6, 2019, New York Governor Andrew M. Cuomo signed legislation enacting the Uniform Voidable Transactions Act (“NY UVTA”) and repealing Article 10 (§§ 270-281) of...
The Federal Reserve has approved its long-awaited Final Rule amending and restating the 165(d) resolution planning rule. The FDIC is expected to soon approve an identical rule. The Final ...
On May 20, 2019, the U.S. Supreme Court issued a significant decision in Mission Product Holdings, Inc. v. Tempnology, LLC, holding that the rejection of a trademark license in bankruptcy...
On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole premiums are not payable in bankruptcy to unsecured and undersecu...
