John J Rapisardi

March 05, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, analyzes a recent decision where the panel rejected the debtor's attempt to substitute the lender's original collateral for another form of security and pay out the secured claim over time pursuant to the "cramdown" provisions of the Bankruptcy Code.

By John J. Rapisardi

11 minute read

November 02, 2012 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi of Cadwalader, Wickersham & Taft writes: The increasing attempts of creditors to influence the outcome of a case in its earliest stages has yielded some success. In particular, the Cordillera Golf Club, Houghton Mifflin, and Santa Ysabel decisions provide creditors with a potential leverage point in future cases: a threat to move bankruptcy venue strategically to a less debtor friendly jurisdiction or to dismiss a debtor's case.

By John J. Rapisardi

12 minute read

September 18, 2009 | The Legal Intelligencer

In a recent decision by the U.S. Bankruptcy Court for the Southern District of New York in In re Journal Register Co., the bankruptcy 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

10 minute read

March 20, 2003 | Law.com

Recent developments in high-profile Chapter 11 cases involving foundering corporate giants have brought renewed attention to the role played by bankruptcy courts in regulating the trading of creditor claims and stock issued by debtor companies. These developments are significant given the relative absence of regulation in the multibillion-dollar distressed securities industry that first developed in the 1980s and has continued to expand in a troubled economy.

By John J. Rapisardi

13 minute read

January 03, 2013 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, discusses a groundbreaking decision in which the Fifth Circuit developed an impressive new analytical framework for interpreting and reconciling the various provisions of Chapter 15 and provided a valuable benchmark for determining the kinds of foreign plan provisions that may or may not be held enforceable in the United States.

By John J. Rapisardi

11 minute read

May 31, 2001 | Law.com

The recent flood of telecommunications companies filing for relief under the Bankruptcy Code is not likely to ebb anytime soon. Two doctrines that will continue to play a prominent role in these bankruptcy cases are those of setoff and recoupment. A recent decision by a Delaware bankruptcy court in In re Telephone Warehouse Inc.illustrates the applicability of those doctrines in a Chapter 11 case.

By John J. Rapisardi

13 minute read

May 23, 2003 | Law.com

The bankruptcy court in the Kmart Corp.Chapter 11 case was recently reversed for having authorized the Chapter 11 debtor to pay in full certain critical vendors/suppliers. This decision has caused quite a stir in the bankruptcy profession because the court ruled that the bankruptcy court did not have per se authority to authorize such payments.

By John J. Rapisardi

18 minute read

January 16, 2008 | New York Law Journal

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, reviews the recent decision in In re Coudert Brothers LLP, which serves as an important reminder to attorneys that their liens to secure payment of amounts owed by clients and former clients depend on state law and are not enhanced in the bankruptcy setting.

By John J. Rapisardi

9 minute read

November 29, 2006 | New York Law Journal

Deryck A. Palmer and John J. Rapisardi, partners at Weil, Gotshal & Manges, write that one must applaud the Chinese for how much has been accomplished in just the last 20 years. The New Chinese Bankruptcy Law contains many provisions that attempt to address the complex issues that arise in the insolvency and reorganization of commercial enterprises in a modern, market economy. As sophisticated as it may be, however, the new law nonetheless requires clarification in some areas.

By Deryck A. Palmer and John J. Rapisardi

15 minute read

July 02, 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, writes that the U.S. Supreme Court recently held that only those asset transfers made after the confirmation of a chapter 11 plan are eligible for the exemption from state stamp tax provided by Bankruptcy Code §1146(a).

By John J. Rapisardi

11 minute read