Commentary & Analysis on Current Events & Issues in Large & Mid-Market Chapter 11 Cases
Commentary & Analysis on Current Events & Issues in Large & Mid-Market Chapter 11 Cases
The Second Circuit Court of Appeals, acting with unusual alacrity (oral argument was heard only one month ago), summarily reversed the district court decision in Longacre Master Fund v. ATS Automation Tooling Systems. The decision did not break any significant
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Continue Reading Second Circuit Summarily Reverses Claims Trading Decision
The Second Circuit Court of Appeals recently heard arguments in a case that could have substantial implications on the trading of bankruptcy claims. While the court could choose to resolve the case, Longacre Master Fund, Ltd. v. ATS Automation Tooling Systems
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Continue Reading Second Circuit To Weigh In On Trading of Bankruptcy Claims
The Third Circuit Court of Appeals issued an en banc opinion (pdf) today in which it overruled the Frenville standard for determining the existence of a "claim" for purposes of Section 101(5) of the Bankruptcy Code.
The decision, In re Grossman’s,
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Continue Reading When Does a “Claim” Arise? Third Circuit Overrules Frenville Test
The ongoing debate about the treatment of cleanup orders in bankruptcy looks to be getting a lot more interesting in the Second Circuit.
In a decision (.pdf) that could signal important precedent in the making, the United States District Court
