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Tenth Circuit: Bankruptcy Trustee May Recover Only the Actual Property (Not Proceeds) Fraudulently Transferred to Subsequent Transferees | Jones Day

To embed, copy and paste the code into your website or blog: The ability of a bankruptcy trustee to avoid certain transfers of a debtors property and to recover the property or its value from the transferees is an essential tool in maximizing the value of a bankruptcy estate for the benefit of all stakeholders. However, a ruling recently handed down by the U.S. Court of Appeals for the Tenth Circuit could, if followed by other courts, curtail a trustees avoidance and recovery powers. In Rajala...
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Cram-Down Chapter 11 Plan Need Not Strictly Enforce Subordination Agreement | Jones Day

To embed, copy and paste the code into your website or blog: In the latest chapter of more than a decade of contentious litigation surrounding the 2007 leveraged buyout ("LBO") and ensuing bankruptcy of media conglomerate Tribune Co. ("Tribune"), the U.S. Court of Appeals for the Third Circuit affirmed lower court rulings that Tribunes 2012 chapter 11 plan did not unfairly discriminate against senior noteholders who contended that their distributions were reduced because the plan improperly fai...
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