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Indenture Trustees Must Provide Substantial Contribution to Qualify for Administrative Expense | Dechert LLP

To embed, copy and paste the code into your website or blog: The United States Bankruptcy Court for the Southern District of Texas recently clarified the administrative expense standard applicable to indenture trustees by holding that they can recover fees and expenses as administrative expenses only when they make a “substantial contribution.” This standard requires a greater showing than “benefit to the estate,” which is the general administrative expense standard. In re Sanchez Energy Corp., No. 19-34508 (Bankr. S.D. Tex. May 3, 2021). Background Sanchez”) issued two indentures for certain senior notes for which Delaware Trust Company (“ DTC”) acted as the successor Indenture Trustee. The confirmed chapter 11 plan called for payment in full in cash for holders of allowed administrative claims. The terms of the indentures indicated that DTC would be entitled to payment for fees and expenses, and that these fees and expenses may be classified as an administrative

A Federal Judge Denied NRA s Bid For Bankruptcy What Happens Next?

AP Photo/Seth Perlman, File The NRA’s attempt to file bankruptcy and reorganize in the state of Texas has been denied by a federal judge in the Lone Star State, who issued a ruling on Tuesday afternoon that the Second Amendment organization’s move was not “filed in good faith both because it was filed to gain an unfair litigation advantage and because it was filed to avoid a state regulatory scheme.” The judge’s decision means that New York Attorney General Letitia James’ attempt to dissolve the organization can continue in New York, where the National Rifle Association has been chartered since 1871.

Third Circuit Confirms Triangular Setoffs Unenforceable in Bankruptcy | Pillsbury Winthrop Shaw Pittman LLP

TAKEAWAYS Section 553 of the Bankruptcy Code requires “strict bilateral mutuality.” Thus, a creditor cannot set off an obligation it owes to a bankrupt debtor against an obligation that the debtor owes to the creditor’s affiliate (a so-called triangular setoff). Creditors cannot simply contract around section 553’s mutuality requirement it is a hard and fast prerequisite to any setoff effectuated in bankruptcy. The Third Circuit’s recent decision in In re Orexigen Therapeutics Inc., 990 F.3d 748 (3d Cir. 2021) holds that section 553 of the Bankruptcy Code, which governs creditor setoffs, requires “strict bilateral mutuality.” As a result, notwithstanding the parties’ contract, a creditor cannot set off an obligation it owes to a debtor in bankruptcy against an obligation that the debtor owes to the creditor’s affiliate (a so-called triangular setoff.)

Hedge fund manager Kamensky goes full retard, gets caught in a massive fraud involving Nieman, gets whopping 6 month sentence and a $55,000 fine for perpetuating billion dollar scam – Investment Watch

Daniel Kamensky, founder and former manager of New York-based hedge fund Marble Ridge Capital, has been sentenced to six months in prison for bankruptcy fraud, according to a statement from the United States Attorney’s Office in the southern district of New York. The sentence, which came on Friday in a Manhattan federal court, comes after Kamensky was charged for “engaging in fraud and extortion to pressure a rival bidder to abandon its higher bid for assets in connection with Neiman Marcus’s bankruptcy proceedings so that Marble Ridge could obtain those assets for a lower price,” according to the statement.

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