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Distressed Download

Update to Madoff

by Raniero D'Aversa
February.26.2019

Following our post on the district court’s extraterritoriality decision, the bankruptcy court dismissed the actions against several defendants on ...

Distressed Download

Second Circuit Affirms Dismissal of Chapter 15 Appeal by Purported Shareholder on Standing Grounds

by Evan C. Hollander and Daniel A. Rubens
March.28.2019

In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a purported ...

Distressed Download

Should Underwater Junior Liens Survive Bankruptcy

by Lorraine McGowen
March.31.2015

This article is an excerpt written for the Distressed Download. The full article is available here.IntroductionOn March 24th, the Supreme Court ...

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Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations

by Lorraine McGowen
March.03.2015

Part Two of Three Last month, Orrick's Restructuring team began a three-part look at the American Bankruptcy Institute's Chapter 11 Reform Report. In ...

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Following Chapter 9 Plan Monoline Insurer Must Continue to Make Payments on Old Bonds

September.27.2013

Earlier this month, Judge Judith J. Gische of the Appellate Division of the Supreme Court of New York, First Judicial Department found that ACA ...

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Second Circuit Rules That Payments Made To Purchase Notes Are Exempt from Avoidance Under Section 546e of the Bankruptcy Code

by Thomas C. Mitchell
June.01.2013

The United States Court of Appeals for the Second Circuit held, on June 10, 2013, that payments made by a company to purchase notes issued by an ...

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General Motors Bankruptcy Court Applies the Brakes to Unauthorized Termination Statements

by Raniero D'Aversa, Lorraine McGowen and Thomas C. Mitchell
March.08.2013

Last week, the United States Bankruptcy Court for the Southern District of New York held that a UCC-3 termination statement is effective to terminate ...

Distressed Download

The Restructuring MidSummer Review Europe and the Emerging Markets

by Daniela Andreatta and Scott Morrison
July.22.2015

For those focused on the debt restructuring market, the Greek sovereign crisis (covered extensively in our recent updates1) has drowned out news of ...

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Decoding the Code Reclamation Under Section 546c of the Bankruptcy Code

by Debra Felder and Amy Pasacreta
July.21.2015

This is the second post in our “Decoding the Code” Series. The Series intends to discuss various sections of the Bankruptcy Code in a clear and easy ...

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First Circuit Rules Bankruptcy Code Preempts Puerto Rico’s Recovery Act

by Lorraine McGowen
July.09.2015

On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District Court ...

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Supreme Court Rules Against Fees For Fee Application Defense

June.17.2015

Issuing its third bankruptcy ruling in a month, the Supreme Court held, by a 6-3 margin, that the Bankruptcy Code does not permit awarding fees to ...

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2015 Oil amp Gas Outlook Follow-Up Report

June.16.2015

Orrick’s Restructuring Practice Chair, Raniero D’Aversa, recently sat on The Deal Pipeline’s expert panel, a 60 minute round table which addressed ...