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Insolvency and Secured Transactions

Important Warnings Against “Gifting Plans” and Hostile Takeover Attempts in Chapter 11

By: Stephen B. Selbst and Paul A. Rubin
Herrick, Feinstein LLP, New York, New York, USA

The Second Circuit Court of Appeals' February 7, 2011 decision, which reversed the confirmation of a plan of reorganization for DBSD North America, Inc. ("DBSD") is likely to have an impact nationwide...

The Estonian Supreme Court Has Ruled on the Possibility of Suspending Bank Guarantee Payments by Way of Interim Measures – A Step Further But Still No Clarity

By: Hetti Lump and Pirkka-Marja Põldvere
Advokaadibüroo Aivar Pilv, Estonia

On 22 September 2009 a co-author of this article, Hetti Lump, published an article titled "A bank guarantee – another risk for the debtor?" in the English language newsletter of Aivar Pilv Law Office. The purpose of that..

Lending & Restructuring Alert

By: Howard R. Elisofon, Stephen B. Selbst, Frederick E. Schmidt, Paul A. Rubin
Herrick, Feinstein LLP, New York, New York, USA

Hope for Madoff Investors Hit With Clawback Lawsuits

A recent decision may provide important ammunition to Madoff investors against "clawback" actions brought by the SIPC Trustee overseeing the Madoff bankruptcy estate (the "Madoff Trustee"). The Madoff Trustee..

Secured Lenders Win Latest Round in Credit Bidding Wars

Authors: Paul A. Rubin, Frederick E. Schmidt
Herrick, Feinstein LLP, New York, New York, USA

Earlier this year, the Third Circuit Court of Appeals' decision in In re Philadelphia Newspapers, LLC sent shockwaves through the secured lending community. In a 2-1 decision, the court held that a debtor..

Bad Medicine: Court Prevents Pfizer from Manipulating Subsidiary’s Bankruptcy to Serve its Own Agenda

By: Paul A. Rubin and Frederick E. Schmidt
Herrick, Feinstein LLP, New York, New York, USA

A company facing a rash of tort lawsuits may try to use a dormant subsidiary's bankruptcy as a tool to limit its exposure. That's what Pfizer tried to do, and a New York bankruptcy judge sent them packing.  This case is a..

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