John J Rapisardi

November 07, 2013 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski of O'Melveny & Myers write: The FDIC argues that as the statutory successor to certain defunct banks, it, and not the debtor holding companies, is entitled to the substantial tax refunds generated by the shuttered banks' operating losses. The majority of U.S. bankruptcy and district courts to have considered this issue have disagreed, but recently, the Eleventh Circuit ruled in two separate decisions that the tax sharing agreements at issue entitled the FDIC to a direct recovery of the tax refunds in question.

By John J. Rapisardi and Joseph Zujkowski

11 minute read

May 02, 2013 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, and Zachary H. Smith, special counsel at the firm, write that it remains to be seen whether influential bankruptcy courts in New York and Delaware will adopt the Fifth Circuit's bright-line approach to artificial impairment under section 1129(a)(10).

By John J. Rapisardi and Zachary H. Smith

12 minute read

September 07, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi. a partner at Cadwalader, Wickersham & Taft, analyzes a recent decision holding that adequate protection payments paid out of a debtor's cash collateral must be applied against a secured creditor's principal amount and thus not reduce that creditor's secured claim if such payments are deemed unnecessary.

By John J. Rapisardi

11 minute read

January 05, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, writes: 2011 was an exciting, but also unsettling, year. Not only did the U.S. Supreme Court decide arguably the most important opinion concerning bankruptcy court jurisdiction in decades but a major rule change went into effect, and courts issued groundbreaking decisions.

By John J. Rapisardi

12 minute read

September 05, 2013 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Joseph Zujkowski of O'Melveny & Myers write: In a historic 2011 ruling, the Supreme Court held that bankruptcy courts lacked constitutional authority to enter a final judgment on a debtor's state law counterclaim against one of its creditors, but the court did not address the question of whether litigants may confer such authority on a bankruptcy court.

By John J. Rapisardi and Joseph Zujkowski

13 minute read

May 03, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, analyzes a recent Second Circuit decision opinion adopting a narrow interpretation of Section 524(g)(4) of the Bankruptcy Code, which allows a bankruptcy court to enter an injunction that bars certain actions brought by plaintiffs against non-debtor third parties, such as a non-debtor parent company.

By John J. Rapisardi

9 minute read

November 03, 2011 | New York Law Journal

In his Bankruptcy Practice feature, John J. Rapisardi of Cadwalader, Wickersham & Taft discusses the recent U.S. Bankruptcy Court for the District of Delaware ruling in In re Washington Mutual Inc., how it has cast uncertainty upon creditors' ability to play a constructive role in achieving successful reorganization outcomes by way of consensual agreement, and how its framework may have the effect of chilling creditor participation in negotiations that would otherwise serve to benefit all stakeholders.

By John J. Rapisardi

11 minute read

July 05, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, writes: Although the court did not give voice to the broader policy interests that favor a secured creditor's right to credit bid, 'RadLAX' unequivocally and correctly holds that a debtor cannot confirm a plan that seeks to sell collateral without granting the secured creditor that right. This decision is a resounding victory to secured creditors and provides much-needed clarity to investors and practitioners regarding one of the most critical facets of Chapter 11 practice.

By John J. Rapisardi

12 minute read

July 02, 2013 | New York Law Journal

In their Bankruptcy Practice column, John J. Rapisardi and Zachary H. Smith, partners at O'Melveny & Myers, analyze a recent federal appellate ruling of first impression holding that a Chapter 11 debtor's status as a pass-through entity for taxation purposes did not constitute "property" of the Chapter 11 estate.

By John J. Rapisardi and Zachary H. Smith

11 minute read

July 26, 2001 | Law.com

Exactly how far does the jurisdiction of the bankruptcy court extend after a Chapter 11 plan of reorganization has been confirmed, and what recourse is available to a party who objects to a bankruptcy court's exercise of post-confirmation jurisdiction? These two related issues intersected in a decision by the 2nd U.S. Circuit Court of Appeals in In re American Preferred Prescription, Inc., issued in June.

By John J. Rapisardi

12 minute read