Mirant: Fifth Circuit Renders Pro-Creditor Rulings in Fraudulent Transfer Action
On March 20, 2012, in an adversary proceeding stemming from the Mirant bankruptcy, the U.S. Court of Appeals for the Fifth Circuit (i) affirmed the U.S. District Court for the Northern District of...
View ArticleWhat’s In a Name? Fifth Circuit Rejects Formulaic “Legal Title” Standard of...
Asserting a fraudulent transfer claim is one of the most powerful tools a debtor in possession or trustee has under the Bankruptcy Code. Of course, a debtor can only seek to avoid a transfer of...
View ArticleEleventh Circuit Reinstates Controversial Bankruptcy Court Opinion in In re...
On May 15, 2012, the U.S. Court of Appeals for the Eleventh Circuit reinstated the controversial 2009 opinion from the U.S. Bankruptcy Court for the Southern District of Florida in In re Tousa Inc.,...
View ArticleJust When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that...
On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition...
View ArticleAkanthos: Eleventh Circuit Denies Noteholders’ Fraudulent Transfer Claims due...
On April 25, 2012, the U.S. Court of Appeals for the Eleventh Circuit overturned a decision by the U.S. District Court for the Northern District of Georgia permitting noteholders to proceed with a...
View ArticleWhat’s Yours is Mine, and What’s Mine is Mine? SDNY Expands the “Unfinished...
The recent chapter 11 case of the storied New York law firm, Dewey & LeBoeuf LLP, will raise a host of issues attendant to the dissolution of a modern day “big law” firm partnership. Chief among...
View ArticleCadwalader Presents to LSTA on 11th Circuit TOUSA Decision
Cadwalader attorneys Peter Friedman, Doug Mintz and Josh Brant, joined by Morgan Stanley Executive Director Colin Adams, recently addressed the Loan Syndications and Trading Association and discussed...
View ArticleSecond Circuit Affirms Arbitration Panel’s Finding That A Securities Clearing...
On July 3, 2012, the United States Court of Appeals for the Second Circuit refused to vacate an arbitration award against Goldman Sachs Execution & Clearing, P.C. The Court left intact the...
View ArticleFifth Circuit Holds that Fixed Quantities are Not Required to Satisfy the...
On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for the supply of electricity constituted a “forward contract” under the Bankruptcy Code...
View ArticleFifth Circuit Finds that an Electricity Requirements Contract Is a “Forward...
On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code...
View Article