• Welcome to the Broken Bench Bytes, Kramer Levin’s blog discussing notable, recent decisions affecting corporate bankruptcy, restructurings and turnarounds.

    You may wonder why “Broken Bench.” Trivia time: The word “bankruptcy” is derived from two Latin words – “bancus,” which means bench, and “ruptus,” which means broken. During the 1800s, if a merchant could no longer afford to stay in business, the bench he used to sell goods would be broken, symbolizing that he was no longer welcome to do business with the other merchants. The term “bankruptcy” finds its origin in this wood-shattering event!

    Why read our blog? In a time of information overload, we selectively focus on cases and developments of most interest to our readers. Each post contains three focused sections. Read “The Bottom Line” for the decision’s “elevator-pitch” sound-byte. For more detail, read “What Happened,” which covers key background and the court’s reasoning – a bit more flavor for your Byte. And finally, in “Why this Case is Interesting,” we put the decision into some quick context for practical issues affecting distressed situations. Our blogs are not law review articles; they are “byte”-sized nuggets of important decisions.

    We hope you enjoy our blog and if you have any questions, comments or suggestions, we welcome your input.

    Featured Posts

    • Broken Bench Bytes
      April 10, 2019
      Second Circuit Confirms Madoff Trustee’s Ability to Recover Foreign Transfers
    • Broken Bench Bytes
      April 9, 2019
      SDNY Bankruptcy Court Finds Bar Date Applies to Pension Fund’s Withdrawal Liability Claim Before Withdrawal Occurs
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    Recent Posts

    • Broken Bench Bytes
      April 10, 2019
      Second Circuit Confirms Madoff Trustee’s Ability to Recover Foreign Transfers
    • Broken Bench Bytes
      April 9, 2019
      SDNY Bankruptcy Court Finds Bar Date Applies to Pension Fund’s Withdrawal Liability Claim Before Withdrawal Occurs
    • Broken Bench Bytes
      March 25, 2019
      Southern District of New York Dismisses Securities Law Claims on Grounds of International Comity; No Chapter 15 Proceeding Required
    • Broken Bench Bytes
      March 20, 2019
      Fifth Circuit Analyzes Creditor’s Impairment, Entitlements to Contractual Make-Whole and Post-Petition Interest Under Solvent-Debtor Chapter 11 Plan
    • Broken Bench Bytes
      February 15, 2019
      Bankruptcy Court for the Southern District of New York Holds That Bankruptcy Court Retains Jurisdiction Over Fraudulent Transfer Action Even If Defendant-Creditor Withdraws Proof of Claim
    • Broken Bench Bytes
      January 31, 2019
      Fifth Circuit Holds That Creditor Lacks Constitutional Standing to Appeal

    Featured Perspectives

    • Defining Matters
      March 15, 2019
      Kramer Levin Represents Secured Lenders in Acquisition of Westmoreland Coal’s Assets Under Chapter 11 Plan
    • Speaking Engagement
      April 13, 2019
      ABI’s 2019 Annual Spring Meeting
    • Announcement
      December 14, 2018
      Amy Caton Named to Turnarounds & Workouts’ List of Outstanding Restructuring Lawyers for Third Time
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