Receiver/Trustee and Investor Claims and Remedies after Hedge Fund Failures
by Scott M. Berman
Friedman Kaplan Seiler & Adelman LLP; New York
Anne E. Beaumont
Friedman Kaplan Seiler & Adelman LLP; New York
There is a long history of spectacular hedge fund blow-ups, beginning most notably with the failure in 1994 of the Granite Funds managed by David Askin. There are a number of common themes that arise in many of these hedge fund failures. This paper surveys some of the most spectacular hedge fund blow-ups, including the recent 2005 and 2006 blow-ups. We then use these disasters to discuss claims and remedies receivers/trustees and defrauded investors can pursue.
Read the full article. (Materials from the 2006 Northeast Bankruptcy Conference)
Legal Issues Presented by the Changing Debt Markets and Their Impact on a Company’s Ability to Reorganize
by Douglas B. Rosner
Goulston & Storrs; PC, Boston
Patrick Yerby
Goulston & Storrs; PC, Boston
This paper discusses how the financial and debt markets have changed, the different variety of debt instruments and how these instruments may affect a reorganization or sale of a debtor’s business in and out of bankruptcy. We examine a few legal issues from both the perspective of the debtor and creditor that may arise in a restructuring or sale involving multiple layers of secured debt. These issues include: (1) a trustee’s ability to sell free and clear of junior liens, (2) the enforceability of intercreditor agreements in bankruptcy, (3) successor liability and (4) a claim purchaser’s exposure to equitable subordination.
Read the full article. (Materials from the 2006 Northeast Bankruptcy Conference)
Chapter 11 Financing Order Issues: Casting the Die for the Case?
by Richard E. Kruger
Jaffe, Raitt, Heuer & Weiss, P.C.; Southfield, Mich.
Brian L. Shaw
Shaw Gussis Fishman Glantz Wolfson & Towbin LLC; Chicago
Timothy G. Skillman
Alvarez & Marsal LLC; Southfield, Mich.
Hon. Thomas J. Tucker
U.S. Bankruptcy Court; Detroit
This paper explains why lenders are exerting (or attempting to exert) more control over a chapter 11 roadmap. The reasons include (1) current litigious atmosphere, (2) trend of more bankruptcy cases strictly helping secured creditors, (3) because they can (difference between cash collateral secured creditor and DIP lender) and (4) market for senior secured claims (increasing participation by hedge funds in restructuring process).
Read the full article. (Materials from the 2006 Central States Bankruptcy Workshop)