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Mayer Brown

How the Automatic Stay in Bankruptcy Can Affect Net Asset Value Facilities

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Executive Summary - In net asset value (NAV) facilities, the borrowing capacity typically adjusts to reflect changes to the value of the underlying investment portfolio, and borrowers face the risk of potential borrowing...more

Jones Day

First Impressions: Seventh Circuit Rules that the Bankruptcy Code's "Safe Harbor" for Securities Contracts Transfers Applies to...

Jones Day on

Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings...more

Poyner Spruill LLP

Trends in a “Pray and Delay” Economy

Poyner Spruill LLP on

2023 and the start of 2024 presented challenging economic conditions to the market, with debt costs at a historic high.  Following a series of increases over the last two years, the Federal Reserve’s federal funds rate is...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Clarifies Tribune in New Decision

We have previously blogged about the section 546(e) defense to a trustee’s avoidance powers under the Bankruptcy Code. A trustee has broad powers to set aside certain transfers made by debtors before bankruptcy. See 11...more

Jenner & Block

Recent Developments in Bankruptcy Law Update - July 2022

Jenner & Block on

Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more

Ward and Smith, P.A.

Can a Debtor Choose Salvation Over Creditors?

Ward and Smith, P.A. on

In a Chapter 13 bankruptcy, debtors propose a plan to re-pay all or a portion of their debts. The amount to be repaid depends on how much the debtors earn, the amount and types of debt owed, and how much property they own....more

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