Recently by Marc Abrams
Bankruptcy & Restructuring
FDIC Issues Final Rule On Orderly Liquidation Authority
On July 6, 2011, the FDIC issued a final rule (the "Final Rule") to implement certain provisions of its orderly liquidation authority to resolve covered financial companies (including nonbank financial companies) under Title II of the Dodd-Frank Act. The Final Rule is a culmination of...
Read MoreSecond Circuit Court Of Appeals Holds "Gift" From Secured Creditor To Shareholder Under A Chapter 11 Plan Violates Absolute Priority Rule
In a recent decision,1the United States Court of Appeals for the Second Circuit added to a growing body of jurisprudence questioning the use of "senior class gifting" to resolve intercreditor disputes in chapter 11 cases. For decades, debtors and their senior creditors have often resolved disputes...
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