In two recent decisions, the United States Bankruptcy
Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code's
safe harbor provisions.
Last month, Judge James M. Peck ruled that a payment
subordination provision in a swap agreement triggered by a...
Jed S. Rakoff last week largely sided with Fred Wilpon and Saul Katz, the
owners of the New York
Mets , and their families and affiliated enterprises (the "Wilpon/Katz
Group") on their motion to dismiss the adversary proceeding brought by Irving
Picard, the trustee of Bernard L....
The Long and Short of It: Financial Engineering Meets
Chapter 11 was one of the more esoteric presentations at the conference with an
unusual lineup of panelists. The group included New York Bankruptcy Judge James
Peck, investment banker David Barse, Professor Edward Janger, Dr. Riz Mokal
Suits stemming from Ponzi
schemes have been on the rise. Victims of Ponzi schemes often face the prospect
of actions by trustees to recover distributions made during the life of the
scheme. This Emerging Issues Analysis examines the applicability of the safe
harbor defense of Bankruptcy Code section...