PrintPublications

In the KB Toys, Inc. bankruptcy case, the Delaware Bankruptcy Court found that claim disabilities – such as preference and avoidance risk – attach to and travel with claims purchased in the secondary markets. The decision highlights the importance...

Richards Kibbe & Orbe LLP attorneys Julia Lu and John A. Clark authored the article entitled “The imperfect hedge: bail-in risk and CDS contracts” published in Butterworths Journal of International Banking and Financial Law.

An article by Richards Kibbe & Orbe LLP partner Jon Kibbe titled “Participations in Commercial Bank Loans” was published in the Consumer Finance Law Quarterly Report. In the article, Mr. Kibbe addressed reasons...

An article by Richards Kibbe & Orbe LLP partner Craig A. Newman entitled "Tribune suits put public liability on trial" was published in the Financial Times.  In the article, Mr. Newman discussed...

Richards Kibbe & Orbe LLP partner Brian S. Fraser co-authored a Thomson Reuter's Aspatore Special Report entitled "The Emergence of State and Municipal Bankruptcies."  In the chapter "The Prospect of Municipal or State Defaults on Bond Obligations: Can Bankruptcy Help?"  Mr. Fraser observes...

In this memorandum, Richards Kibbe & Orbe LLP attorney Neil S. Binder discusses a dispute currently pending in federal district court between Lehman and one of its...

A number of recent and controversial decisions issued by prominent courts have changed the restructuring landscape for all constituents, most acutely for secured lenders.  Based on these decisions, we have...

"Secured Lender Review: Seven Cautionary Rules," authored by Richards Kibbe & Orbe LLP attorney Keith N. Sambur, was published as a two-part series on April 4 and April 11, 2011 by Law360. In this series...

In this memorandum, Richards Kibbe & Orbe LLP attorneys Michael Friedman and Keith N. Sambur discuss the decision of the Second Circuit Court of Appeals in connection with the chapter 11 case of DBSD North America, Inc. ("DBSD"). The Second Circuit's opinion...

Last week, in the case of Boston Generating, the Bankruptcy Court in the Southern District of New York upheld the right of second lien lenders to object to the 363 sale of substantially all of the debtors' assets. This ruling was made even though...

The rapid development of an international secondary market to buy and sell claims against the three largest failed banks in Iceland shows that global claims-trading frameworks are sufficiently developed to adapt to novel and unpredictable insolvency situations. In this memorandum...

In our Distressed Investor Alert dated December 23, 2009, we wrote that Bankruptcy Rule 2019 had returned to the public eye with a vengeance in light of the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.   

"Acquiring Companies in Bankruptcy" co-authored by Richards Kibbe & Orbe LLP partner Michael Friedman was published in the November/December 2009 issue of Executive Counsel magazine. This article discusses...