January 19, 2017

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

January 10, 2017

Salary Paid for Poor Performance Is No Fraudulent Transfer

Conclusory allegation about insolvency doesn’t overcome a 10-K showing solvency.

5th Circuit, Louisiana, Louisiana Eastern District

December 21, 2016

Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future

Energy Future claims Third Circuit panel misinterpreted governing New York law.

3rd Circuit

November 18, 2016

Third Circuit Splits with New York by Allowing Make-Whole Premiums in Chapter 11

Third Circuit says that New York bankruptcy court’s MPM decision was wrong.

3rd Circuit