John J Rapisardi

February 14, 2002 | New York Law Journal

A recent decision by the U.S. Court of Appeals for the Ninth Circuit has the potential to impact markedly the special fee arrangements granted to investment bankers and financial advisers in chapter 11 cases. In In re The Circle K Corp. , 272 F.3d 1150 (9th Cir. 2001), the Ninth Circuit held that unless the Bankruptcy Court expressly and unambiguously approves the retention of an investment banker pursuant to �328 of the U.S. Bankruptcy Code, 11 U.S.C. ��101 et seq., the court retains the discretion to det

By John J. Rapisardi

14 minute read

May 16, 2007 | New York Law Journal

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, reviews the Third Circuit's recent decision that held that market capitalization is a proper means for determining "reasonably equivalent value" in analyzing whether a leveraged spin-off of a parent corporation's wholly owned subsidiary constituted a fraudulent transfer. This objective test will make it more difficult to challenge these types of spin-off transactions in the future.

By John J. Rapisardi

13 minute read

September 02, 2010 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, reviews one of the most significant appellate decisions to date on the topic of retiree benefits in bankruptcy which held that the Bankruptcy Code explicitly limited a debtor's ability to terminate those retiree benefits.

By John J. Rapisardi

10 minute read

May 15, 2002 | New York Law Journal

D ecisions recently issued by the Third Circuit Court of Appeals and the United States District Court for the Southern District of New York have added fuel to a controversy that will likely have to be resolved by the Supreme Court.

By John J. Rapisardi

14 minute read

November 16, 2005 | New York Law Journal

John J. Rapisardi, a partner at Weil, Gotshal & Manges and an adjunct professor at Pace University School of Law, reviews the first federal circuit court decision to address the appropriate method for determining the cramdown rate of interest applicable to secured claims in chapter 11 cases since the Supreme Court decided only the formula method was appropriate to calculate cramdown rates in chapter 13 cases but left open the question of whether it should also apply to chapter 11 cases.

By John J. Rapisardi

11 minute read

January 23, 2006 | New York Law Journal

John J. Rapisardi, a partner at Weil, Gotshal & Manges and adjunct professor of law at Pace University School of Law, writes that Bankruptcy Code �362(d)(3) provides a mechanism for the streamlined resolution of reorganization cases in which the debtor's only asset is a single piece of income producing real property.

By John J. Rapisardi

12 minute read

July 20, 2005 | New York Law Journal

John J. Rapisardi, a partner at Weil, Gotshal & Manges and an adjunct professor of law at Pace University School of Law, analyzes a recent decision reaffirming longstanding principles relating to directors' fiduciary duties for entities that are solvent and insolvent and providing important clarification and guidance as to the parameters of director fiduciary duties in the murky "zone of insolvency."

By John J. Rapisardi

11 minute read

July 17, 2002 | New York Law Journal

T AKING SIDES across a widening rift between the circuit courts of appeal, the Fourth Circuit recently ruled that the debtor`s attorney in a case converted from Chapter 11 to Chapter 7 of the Bankruptcy Code is not entitled to be compensated by the bankruptcy estate for legal services provided subsequent to the conversion.

By John J. Rapisardi

16 minute read

September 10, 2009 | New York Law Journal

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, writes that in a recent decision by the U.S. Bankruptcy Court for the Southern District of New York, the court held that under a plan of reorganization a senior creditor may agree to gift a portion of its recovery to a junior creditor even though the recipient receives a larger recovery than similarly situated creditors.

By John J. Rapisardi

11 minute read

November 07, 2008 | New York Law Journal

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, analyzes a recent federal appellate decision which may cause debtors to cast a very wide net when formulating a schedule of creditors to ensure that all those who should receive do indeed receive such notice.

By John J. Rapisardi

12 minute read