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  1. Services
  2. Indenture Trustees, Agents & Corporate Trust Services

Perspectives on Indenture Trustees, Agents & Corporate Trust Services

10 total results. Page 1 of 1.

Alerts
In the Third Circuit, an Intercreditor Agreement Means What it Says
September 23, 2019
Andrew I. Silfen, Beth M. Brownstein
The Plain Meaning Language of an Intercreditor Agreement Determines Whether it Governs Plan Distributions or Adequate Protection Payments
Alerts
Delaware Bankruptcy Court Sheds Light on the Payment of Indenture Trustee's Professional Fees
April 4, 2017
Andrew I. Silfen
In reaching his decision, Judge Gross employed a “forward-thinking” analysis based on the facts existing at the time the trustee acted.
Alerts
Indenture Trustees Have Standing to Pursue Fraudulent Transfer or Other Claims for the Benefit of Noteholders
December 5, 2016
Andrew I. Silfen
This decision from the Appellate Division reversed a finding that an indenture trustee did not have the relevant standing to pursue fraudulent transfer claims, among other claims.
Alerts
The Bank of New York Mellon Decision
April 13, 2015
Andrew I. Silfen
In its ruling, the Appellate Court partially reversed the lower court’s limited approval of the Settlement by finding that the lower court improperly seconded-guessed the judgment of the Trustee and did not accord that judgment proper deference when considering approval of the Settlement.
Alerts
The Energy Future Holding Corp. Decision
March 24, 2015
Andrew I. Silfen
A recent Delaware District Court decision concerning an appeal of a bankruptcy settlement clearly provides support for the use of tender offers or other exchange, or settlement mechanics permitted under applicable federal securities laws prior to and outside a plan of reorganization.
Alerts
New York Court Closes Courthouse Doors to Unregistered Noteholders
December 8, 2014
Andrew I. Silfen
Questions Standing of Indenture Trustees to Pursue Fraudulent Conveyance Claims
 
Alerts
The Momentive Decision: Another Warning to Debtholders and Indenture Trustees to Ensure That Your Make-Whole is Not Full of Holes
September 22, 2014
Andrew I. Silfen, Beth M. Brownstein
On April 13, 2014, MPM Silicones, LLC and certain debtor affiliates (the Debtors) filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. The Debtors filed their plan of reorganization (the Plan) about a month later.
Alerts
Third Circuit Affirms Bankruptcy Court’s Denial of Third Party Releases of Indenture Trustee Due to Inadequate Disclosure
August 5, 2014
Andrew I. Silfen
The Third Circuit agreed with the Bankruptcy Courts finding that the proposed releases were not adequately disclosed to the bondholders as required by Bankruptcy Rule 3016(c), and therefore would not be approved.
Alerts
District Court Vacates Decision in Lehman Brothers Bankruptcy Case
May 9, 2014
Andrew I. Silfen
Often times indenture trustees seek to sit on creditors committees in furtherance of their fiduciary duties to holders. Obviously, the professional fees and expenses can be paid as a first priority pursuant to a charging lien as provided for under the indenture documents.
Events
11th Annual Philadelphia Credit & Restructuring Summit 2018: Views on the Bench
Andrew I. Silfen
On June 26th, Arent Fox managing partner Andrew Silfen will be a moderator for the panel entitled, "Views on the Bench" at the 11th Annual Philadelphia Credit & Restructuring Summit 2018.

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