Related Publications

Summary of the Amendments to the Bankruptcy Code Contained in the CARES Act, Client Advisory, April 1, 2020 by James Gadsden and Leonardo Trivigno

A Message From Carter Ledyard: Coronavirus Alert, Client Advisory, March 17, 2020 by Carter Ledyard & Milburn LLP

2019 Year in Review, February 20, 2020

Closing Opinions for Common Law Trusts, In Our Opinion, July 29, 2016 by James Gadsden

When Is the Factoring of Accounts a True Sale?, American Bankruptcy Institute Journal, December 1, 2015 by James Gadsden

It May Be Becoming Easier to Get Your Consigned Art Back from the Bankrupt Gallery, Spencer’s Art Law Journal, March 12, 2015 by Aaron R. Cahn

Interpreting and Drafting Indenture “No-Action” Clauses, The Banking Law Journal, November 24, 2014 by James Gadsden

PR Bankruptcy Court Finds Debtor Waived Right to Re-Characterize Lease as a Secured Transaction, Clark's Secured Transactions Monthly, November 1, 2014 by James Gadsden

Trust Indenture Act Under Attack, The Banking Law Journal, September 4, 2014 by James Gadsden

Lien Searches May Not Always Tell You Much — But Do Them Anyway, Spencer's Art Law Journal Vol. 4, No. 2, October 18, 2013 by Aaron R. Cahn

Spencer's Art Law Journal Vol. 4, No. 2, October 18, 2013 by Ronald D. Spencer

“Safe Harbor” in the Bankruptcy Storm: The Unavoidability of Securities Transactions Utilizing Financial Intermediaries, Client Advisory, September 4, 2013 by Leonardo Trivigno

Make-Whole Premiums and OID in Bankruptcy, Client Advisory, March 21, 2013 by John J. Hanley, Aaron R. Cahn, Bryan J. Hall and Robert A. McTamaney

Enforcing ‘Bad Boy’ Guarantees in Nonrecourse Financings, New York Law Journal, March 11, 2013 by James Gadsden

Indenture “No-Action” Clauses Bar Independent Claims by Securityholders, The Banking Law Journal, March 1, 2013 by James Gadsden

Can Art Owners, Consigning or Lending Their Art, Protect Themselves in a Bankruptcy Proceeding of the Gallery or Borrower by Specifying Arbitration and a Choice of Law in Their Consignment or Loan Agreement? Probably Not, Spencer's Art Law Journal, February 13, 2013 by Aaron R. Cahn

Spencer's Art Law Journal Vol. 3, No. 3, February 13, 2013 by Ronald D. Spencer

The New York Court of Appeals Broadly Validates Contractual Choice of Law Clauses, Client Advisory, January 23, 2013 by James Gadsden and Leonardo Trivigno

Proposed Guidelines for Coordination of Multi-National Enterprise Group Insolvencies, Client Advisory, October 5, 2012 by Susan Power Johnston and James Gadsden

Are SEC Equity Receiverships “Foreign Proceedings” Within the Meaning of UNCITRAL’s Model Law on Cross-Border Insolvencies?, Client Advisory, August 15, 2012 by Susan Power Johnston

Sleeping Giant: Can two past unfavorable court decisions cause problems for workers’ comp writers in the future?, Best's Review, August 1, 2011 by Franklin Ciaccio

Bankruptcy and Insurance: When They Meet at the Corner, Pratt’s Journal of Bankruptcy Law, July 1, 2011 by Franklin Ciaccio

A Funny Thing Happened on the Way to the Gallery: A Bankruptcy Fable (Or Not), Spencer’s Art Law Journal, June 2011 by Aaron R. Cahn

Spencer’s Art Law Journal Vol. 2, No. 1, June 15, 2011 by Ronald D. Spencer

Lehman bankruptcy court sets a September 22, 2009 bar date for all claims, issues new proof of claim form, and orders derivatives and guarantee creditors to file supplemental questionnaires by October 22, 2009, Client Advisory, July 13, 2009 by James Gadsden and Andris J. Vizbaras

Special Report on the Preparation of Substantive Consolidation Opinions, The Business Lawyer, February 2009 by James Gadsden and Committee on Structured Finance and the Committee on Bankruptcy and Corporate Reorganization of the ABCNY

Madoff Securities Task Force, Client Advisory, December 30, 2008 by Steven J. Glusband, Howard J. Barnet, Jr., Faith Colish, James Gadsden, Guy P. Lander, Patricia Matzye, Gary D. Sesser, Michael Shapiro, Andris J. Vizbaras and Robert J.A. Zito

Ecuador and Many Other Nations on Verge of Sovereign Debt Default, Client Advisory, December 9, 2008 by and Karl Schaffer

Distressed Debt: Top Ten Issues to Consider When Dealing in Trade Claims, Client Advisory, March 1, 2008 by John J. Hanley, Aaron R. Cahn and Karl Schaffer

Current Issues of Interest to Indenture Trustees, October 12, 2007 by James Gadsden

Enron Appeal - Equitable Subordination and Disallowance Do Not Inhere in a Claim but are Personal Disabilities of Individual Claimants that May Be Transferred, Client Advisory, August 2007 by Bhavna Agnihotri, Aaron R. Cahn and John J. Hanley

Indenture Trustee Failed to Persuade the Bankruptcy and District Courts that it Made a “Substantial Contribution” Justifying Recovery of its Fees and Expenses as an Administrative Expense Under Bankruptcy Code § 303(b), July 23, 2007 by James Gadsden

Delaware Supreme Court’s Decision in Gheewalla Returns Clarity and Consistency to Creditors’ Rights, Business Reorganization Committee ABI Committee News, July 2007 by James Gadsden

Both Senior and Subordinated Notes Bear A Burden Of Proofs In Establishing The Application of The Subordination Provisions of The Indentures To Post-Petition Interest, May 29, 2007 by James Gadsden

Indenture Trustee Can Settle Dispute Over the Allowed Amount of the Claim on The Bonds Without The Consent of All Bondholders, May 29, 2007 by James Gadsden

Issuer Fails to Recover from Indenture Trustee Funds Withheld from an Interest Payment to Fund Litigation Against the Company, May 29, 2007 by James Gadsden

Release of Security Pursuant to The Terms Of The Equal and Ratable Clause of The Indenture Shortly Prior to Bankruptcy Filing Does Not Violate The Covenant of Good Faith and Fair Dealing, May 29, 2007 by James Gadsden

Securitization Trustee Is Unsuccessful in Obtaining Dismissal of Claims Asserted Against It in Litigation Arising out of Sub-Prime Mortgage Lender’s Bankruptcy, May 29, 2007 by James Gadsden

Required Disclosure by Claim Traders Participating in a Bankruptcy Case, Client Advisory, March 2007 by James Gadsden, John J. Hanley and Leonardo Trivigno

Reorganization of Shipping Companies Under U.S. Bankruptcy Law, IIR Shipping Finance Conference, London, October 13, 2000 by James Gadsden

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