August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
December 30, 2019
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
December 3, 2019
Fifth Circuit upholds its prior ruling that disallowing part of a claim under the Bankruptcy Code does not render the claim ‘impaired’ to allow voting on a chapter 11 plan.
December 2, 2019
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
March 20, 2019
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
January 23, 2019
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
Newly appointed circuit judge uses ancient English law to illuminate the Bankruptcy Code.
October 9, 2018
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.