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...
Bankruptcy practitioners, strategic investors and other chapter 11 actors have become increasingly focused on the key economic and legal terms of management incentive plans (MIPs). Findin...
In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...
Decision restores certainty to out-of-court debt restructurings
In a surprising 2014 decision, the District Court for the Southern District of New York held that the Trust Indenture Act ...
An issuer of high yield bonds won dismissal of claims brought by retail noteholders who claimed that a debt swap of new secured notes for unsecured notes, made available only to instituti...
On November 17, the U.S. Court of Appeals for the Third Circuit, based in Philadelphia, held that noteholders were entitled to payment of an optional redemption premium at the make-whole ...
Articles & Books
Harvard Business Law Review Online, accessed March 8, 2015
Bernie Madoff’s investment firm, Bernard L. Madoff Investment Securities LLC (Madoff Securities), famously imploded in December 2008 under the weight of the largest Ponzi scheme in U.S....
Articles & Books
The Bankruptcy Strategist, Vol. 32, No. 4, February 2015
Following a recent line of high-profile and notable decisions that have sought to protect the rights of trademark licensees in a trademark licensor’s bankruptcy, the United States Bankr...
This second edition of The International Insolvency Review once again offers an in-depth review of market conditions and insolvency case developments in a number of key countries. Buildi...
