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In Pari Delicto Not a Bar to a Bankruptcy Trustee's Recovery

May 24, 2013

Bankruptcy trustees are particularly susceptible to in pari delicto when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.

When Worlds Collide

May 24, 2013

The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.

The Evolution of New Value Plans

May 24, 2013

A recent decision by the Seventh Circuit Court of Appeals, In re Castleton Plaza, LP, has put into question the application of the new value corollary in future Chapter 11 cases.

Recovery of Make-Whole Premiums

May 02, 2013

Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.

Litigating Complex Environmental Cases

April 26, 2013

In a series of recent decisions, the bankruptcy court for the Southern District of New York has broadly interpreted section 502(e)(1)(B) of the Bankruptcy Code in disallowing substantial claims in several contexts.

When Worlds Collide

April 26, 2013

Until recently, the public finance world simply did not experience significant defaults. Until now. A look at recent litigation.

Lehman Brothers Green-Lights the Payment Of Committee Members' Professional Fees

March 27, 2013

From the largest Chapter 11 case to date, In re Lehman Brothers Holdings Inc., et al., emanates yet another decision of great interest to the restructuring community.

Calling on U.S.Marshals

March 27, 2013

The U.S. Marshals Service can be utilized as the ultimate enforcer for the United States bankruptcy courts. A look at a recent case where this happened.

The Return of Stern v. Marshall

March 27, 2013

A look at the split between the Sixth and Ninth Circuits regarding whether consent can authorize bankruptcy courts to enter final orders in proceedings that would otherwise be the exclusive province of Article III Courts.

Non-Debtor Contract Counterparties in Bankruptcy

February 25, 2013

What happens when a counterparty seeks protection from the risks in continued performance under a contract with a debtor in bankruptcy.

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