February 28, 2018 Supreme Court Interprets Scope of Section 546(e) Safe Harbor
Client Memorandum
October 23, 2017 Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium
Client Memorandum
March 1, 2017 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration

The Banking Law Journal, Volume 134, Number 3, March 2017

November 28, 2016 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration
Client Memorandum
March 30, 2016 Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
Client Memorandum
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
September 22, 2014 Webcast: The Recent Momentive Ruling: Possible Implications for Secured Creditor Cramdown
September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum
August 6, 2014 The Rise of Plan Mediation Benefits and Pitfalls
American Bankruptcy Institute Journal, Vol. XXXIII, No. 8, August 2014
November 20, 2013 ResCap Court Holds That Debt Issued in Fair Value Exchanges Will Not be Discounted for OID in Bankruptcy
Insolvency and Restructuring Update
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
Client Memorandum
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
ABI Journal, February 2013
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

December 20, 2011 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
New York Law Journal, Vol. 246, No. 118
September 20, 2011 Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update
October 1, 2009 SPM Manufacturing to Journal Register: Indicators of a Successful "Gift Plan"
American Bankruptcy Institute Journal
Resources Search: