Firm News | November 1, 2021
Kleinberg Kaplan attorneys were featured in the New York Law Journal following the filing of an objection to the chapter 11 plan proposed by Purdue Pharma, a privately held pharmaceutical company that was owned mainly by members of the Sackler family. The plan would grant to the Sacklers blanket lifetime immunity related to any civil suits.…
Firm News | July 22, 2021 | Creditors’ Rights and Bankruptcy Litigation
A recent decision from the Delaware Chancery Court has established, for the first time, that the remedy of reverse veil-piercing is recognized under Delaware law. The decision, Manichean Capital, LLC v. Exela Technologies, Inc., resolves a dispute regarding the availability of reverse veil-piercing and augments the remedies for minority shareholders dissenting from a merger. Background…
Client Alerts | June 2, 2021 | Creditors’ Rights and Bankruptcy Litigation
A recent decision by a Delaware bankruptcy court highlights the important consequences that can flow from a debtor-in-possession (“DIP”) finance stipulation reached early in a case. The decision, in Official Committee of Unsecured Creditors v. The CIT Group /Business Credit, Inc. (In re Jevic Holding Corp.), held that a chapter 7 trustee was barred by…
Client Alerts | May 13, 2021 | Creditors’ Rights and Bankruptcy Litigation
A series of decisions (and a recent brief) have highlighted some of the new issues that are arising in Safe Harbor litigation. In particular, they show how the courts are wrestling with questions concerning: Which entity in a complex transaction is considered the “initial transferee” for Safe Harbor purposes? How are courts interpreting the Safe…
Client Alerts | March 24, 2021 | Creditors’ Rights and Bankruptcy Litigation
Elements of the Safe Harbor Defense Section 546(e) of the Bankruptcy Code provides a safe harbor that bars certain avoidance actions/clawback actions (described below – “What types of actions are barred?”) regarding Qualifying Transactions (described below) that involve Qualifying Entities (described below). What types of actions are barred? Section 546(e) bars preference actions and constructive fraudulent…
FEATURED PUBLICATION | March 23, 2021 | Creditors’ Rights and Bankruptcy Litigation
The United States Supreme Court has issued an opinion that clarifies the extent to which the automatic stay imposes obligations on creditors that seized their debtor’s property pre-petition and resolves a broad split among the circuit courts. The decision, City of Chicago v. Fulton, provides protection for creditors but adds to the burdens faced by…
Client Alerts | January 20, 2021 | Creditors’ Rights and Bankruptcy Litigation
A recent client alert written by Kleinberg Kaplan partners Matthew Gold, Dov Kleiner and Marc Rosen was republished by Westlaw Today. The article, “The Trustee Strikes Back: Greektown Decision May Limit Safe Harbor Defenses,” discusses an interesting new decision by a Michigan bankruptcy court in the ongoing battle over clawback actions. The article was included…
Attorney Articles | January 19, 2021 | Creditors’ Rights and Bankruptcy Litigation
A recent decision from a New York bankruptcy court provides guidance on how federal courts may approach requests for prejudgment interest in fraudulent conveyance cases. The decision, Picard v. BAM LP, highlights a risk faced by defendants in litigation of lengthy duration and provides practical guidance on how federal judges may exercise their discretion regarding…
Client Alerts | January 4, 2021 | Creditors’ Rights and Bankruptcy Litigation
A recent decision by the New York Court of Appeals adds teeth to the ability of real estate lenders to dissuade borrowers from filing bankruptcy and highlights the risks faced by borrowers that choose bankruptcy – and those that assist them. The decision, Sutton 58 Associates LLC v. Pilevsky, permits a lender to pursue a…
Client Alerts | December 10, 2020 | Creditors’ Rights and Bankruptcy Litigation | Real Estate Litigation | Financing
A recent decision from a Michigan bankruptcy court shows potential limits to Safe Harbor defenses to clawback actions and may provide new hope to trustees and other clawback plaintiffs that seek to push back against defendant-friendly decisions in the Second Circuit. The decision, In re Greektown Holdings, LLC, highlights the importance of appropriately and carefully…
Client Alerts | December 8, 2020 | Creditors’ Rights and Bankruptcy Litigation
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