forward contract bankruptcy code

Receive alerts:
by e-mail
E-mail Your information will be added to a database with the sole purpose of serving your subscription. This database is the exclusive property of vLex Networks S.L. and will never be shared with any other company. By sending your request you accept the Data Protection Policy of vLex Networks S.L. I have read and accept the Terms of Use
via RSS

2.745 documents for forward contract bankruptcy code

- Dealing With Companies In Financial Distress (Part I).
...Financial distress often leads to bankruptcy where a whole new set of rules come into play. Und...Risk #2 - The Debtor Rejecting Your Contract or Lease . Risk #3 - Not Understanding and Not Tak.... The Automatic Stay . Section 362 of the Code provides for a statutory injunction in favor of a ...832, 835 (Bankr.E.D. Tex. 2000). . Forward Contracts . A Debtor's ability to assume or reject...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- Court Reverses Prior Ruling That Commodity Supply Contract Is Not Swap Agreement Under Bankruptcy Code
...qualify as a forward contract or swap agreement for purposes of the. Ba...
- Mondaq Business Briefing
- United States Law Articles in English
- in the Matter Of: Mirant Corporation, Debtor. Bonneville Power Administration, Appellant, v. Mirant Corporation, Appellee., 440 F.3d 238 (5th Cir. 2006)
... of two orders entered by the bankruptcy court. Debtor Mirant Corporation and related entit... petition under Chapter 11 of the Bankruptcy Code, triggering a dispute between the parties regardin... ability of BPA to terminate an executory contract for the future purchase of electric power. On the ... all transactions under the agreement are forward contracts and that the parties are forward contrac...
- Federal Circuits

- Dealing With Companies In Financial Distress (Part I)
...Financial distress often leads to bankruptcy where a whole new set of rules come into play. Und... Risk #2 - The Debtor Rejecting Your Contract or Lease Risk #3 - Not Understanding and Not Taki... The Automatic Stay. Section 362 of the Code provides for a statutory injunction in favor of a ...832, 835 (Bankr.E.D. Tex. 2000). Forward Contracts. A Debtor's ability to assume or rejec...
- Mondaq Business Briefing
- United States Law Articles in English
- Hedge Fund Implosions - Bankruptcy Ramifications for Counterparties to Financial Contracts
Financial contract counterparties to companies in financial distress face two principal issues if the troubled company ultimately files for bankruptcy protection: whether counterparties will be able to enforce their rights, and whether their transactions with the troubled company will be subject to avoidance as a preference or fraudulent transfer. The financial contracts subject to the Bankruptcy Code's safe harbors include securities contracts, commodity contracts, forward contracts, repurchase agreements, swap agreements, and master netting agreements. Based on the foregoing, financial contract counterparties to companies in financial distress have some assurance that if the troubled company ultimately files for bankruptcy protection counterparties will be able to enforce their rights...
- Debt 3
- Vol. 21 Nbr. 6, November 2006
- The economic logic of the lease/loan distinction in bankruptcy.
... AND LOANS: THE UCC MEETS THE BANKRUPTCY CODE II. A CRITICAL REVIEW OF CURRENT THEORIES A. Shift... creditors diverges as the process moves forward. Under [section] 365 of the Bankruptcy Code, the b... vehicle for the first year and that the contract obligates the trucking company to pay $18,000 at t...
- Yale Law Journal
- Vol. 120 Nbr. 6, April 2011
- Second Circuit Settles The Meaning Of Settlement Payments Under Section 546(E) Of The Bankruptcy Code
... unilateral power to assume or reject contracts under section 365 to the avoidance powers of chapt..."net settlement payment" and substituting "forward contract trade" for "securities trade." Section 74...
- Mondaq Business Briefing
- United States Law Articles in English
- The derivatives market's payment priorities as financial crisis accelerator.
...The Code B. The AIG, Bear, and Lehman Failures in Light of ...Bear Stearns 3. Lehman II. THE CORE BANKRUPTCY ISSUE: CODE-INDUCED DISINCENTIVES TO MARKET DISCIP...Collateral contagion III. WHY CONTRACT CANNOT SOLVE COUNTERPARTY RISK A. Contractual Reac..., that contract needs to be revised going forward. . Hence, one channel to the 2008 bailouts ran thr...
- Stanford Law Review
- Vol. 63 Nbr. 3, March 2011
- The legal infrastructure of ex post consumer debtor protections.
..., people with distressed mortgages file bankruptcy petitions in a federal courthouse. These filings w..., section 9-625 of the Uniform Commercial Code (part of Article 9 governing secured transactions ... retain property that secures a debt by contract are of considerable interest to many consumer debt... of Chapter 13 could incorporate forward-looking estimates, at least if they are substantia...
- Fordham Urban Law Journal
- Vol. 38 Nbr. 3, March 2011
- Fourth Circuit Restores Bankruptcy Safe Harbor Protections For Natural Gas Supply Contracts That Are 'Commodity Forward Agreements'.
... "swap agreements" under the Bankruptcy Code. A factual inquiry will be required to determine w...
- Mondaq Business Briefing
- Nbr. 2009, January 2009