Bankruptcy Law News and Insights

On April 19, 2021, the U.S. Supreme Court declined to hear the appeal of a landmark 2019 decision issued by the U.S. Court of Appeals for the Second Circuit regarding the applicability of the Bankruptcy Code's safe harbor for certain securities, commodity, or forward contract payments to prevent the avoidance...

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When is a loan not a loan? The SDNY Bankruptcy Court in In Re: Live Primary, LLC1 held that a $6 million start-up loan was actually an equity contribution after analyzing the terms of the transaction and the intent of the parties. The court recharacterized the loan as equity given the alleged...

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A recent decision by the United States District Court for the Southern District of New York highlights directors' fiduciary duty to evaluate all aspects of multi-stage transactions, including those portions to be effectuated post-closing by successor directors. In In re Nine West LBO Securities Litigation, the district court denied a motion...

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