fraudulent transfer

Winter 2014 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Thu, 02 Jan 2014 19:10:42 +0000

I hope you had a wonderful holiday season and Happy New Year everyone. To start the new year off, the Winter 2014 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this…

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Ninth Circuit Opens The Door To Recharacterization Of Debt As Equity

Bob Eisenbach — Wed, 08 May 2013 16:52:06 +0000

In bankruptcy, prepetition loans made by insiders are often investigated, and sometimes challenged, by debtors, creditors’ committees, or trustees. The two most frequent challenges brought are that (1) the loans in question are not really debt and should be recharacterized as equity, and (2) the debt should be equitably subordinated below the claims of all or some other creditors.

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Summer 2012 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Thu, 26 Jul 2012 17:57:25 +0000

The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter. You can also subscribe to the blog to learn when future…

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Summer 2011 Edition Of Bankruptcy Resource Now Available

Bob Eisenbach — Mon, 29 Aug 2011 14:29:07 +0000

The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter. You can also subscribe to the blog to learn when future…

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Fall 2009 Edition Of Absolute Priority Now Available

Bob Eisenbach — Mon, 21 Sep 2009 01:30:54 +0000

The Fall 2009 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter or to register to receive future editions.

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If Madoff Investors Are Sued By The SIPA Trustee And Pay Money Back, Can They File Proofs Of Claim After The Bar Date?

Bob Eisenbach — Tue, 03 Mar 2009 12:20:23 +0000

Recently, I posted about SIPA liquidations of brokerage firms, prompted by the Securities Investor Protection Act (known as SIPA) liquidations of Lehman Brothers, Inc. and Bernard L. Madoff Investment Securities LLC. An interesting issue has come up in the Madoff case involving investors who redeemed their accounts before the Madoff bankruptcy was filed. In other alleged Ponzi scheme cases…

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New Article Examines Whether Wire Transfers Can Immunize Payments To Shareholders In LBOs

Bob Eisenbach — Sun, 18 May 2008 21:19:18 +0000

Leveraged buyouts, known as LBOs, have frequently been the subject of fraudulent transfer challenges when the target company later files bankruptcy. As its name implies, the classic LBO involves the use of leverage — debt — to finance the acquisition of the target company’s stock. Often that new debt is secured by the assets of the target company. This post highlights a new article that addresses…

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