John J Rapisardi

November 05, 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, reviews a recent Second Circuit case where the court considered whether a claimant is entitled to payment of an administrative expense claim that it purchased from another creditor before a preference action against the selling creditor was resolved.

By John J. Rapisardi

11 minute read

July 02, 2009 | New York Law Journal

John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, writes that although the typical case of substantive consolidation calls for the merger of multiple entities into one, one recent litigation involved a structure pursuant to which numerous debtors were consolidated into one of three debtor groups. Despite the fact that the consolidation was not a typical "many-into-one" structure, he reports, the District Court for the District of Delaware found that this "many-into-three" consolidation still constituted substantive consolidation and unfairly harmed certain creditors.

By John J. Rapisardi

9 minute read

May 23, 2006 | 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, writes that the U.S. Bankruptcy Court for the Southern District of New York recently clarified the obligations of an official committee of unsecured creditors to provide other unsecured creditors who are not on the committee with access to information.

By John J. Rapisardi

11 minute read

January 08, 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: Given the widespread nature of weakness pervading the U.S. economy, the trend of increased bankruptcy filings is likely to continue into 2009 as the disruptions in the credit markets strike at the core of corporate America. As we look ahead to the coming year, it is instructive to review the important bankruptcy decisions of 2008. As bankruptcy filings continue to increase, these decisions may have important ramifications on a variety of issues.

By John J. Rapisardi

11 minute read

July 22, 2004 | New York Law Journal

John J. Rapisardi, a partner with Weil, Gotshal & Manges and an adjunct professor of law at Pace University School of Law, writes that the U.S. Supreme Court's recent rejection of the market approach to determining value may have repercussions in other areas of the Bankruptcy Code.

By John J. Rapisardi

11 minute read

October 20, 2006 | New York Law Journal

Deryck A. Palmer and John J. Rapisardi, partners at Weil, Gotshal & Manges, write that while the concept of bankruptcy is not entirely new to China, the most recent enacted bankruptcy law demonstrates change to an order never before seen, giving creditors more confidence in their ability to recover on their invested capital and claims in the event of a bankruptcy filing. However, the passage of the bankruptcy law alone will not neutralize the legitimate concerns of foreign investors and lenders.

By Deryck A. Palmer and John J. Rapisardi

13 minute read

September 11, 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 a recent decision of the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit has caused quite a stir among members of the bankruptcy bar. In a dramatic retrenchment of well-settled bankruptcy practice, the court has held that a senior secured creditor cannot take title of a debtor's assets free and clear of junior liens if such acquisition is accomplished by a credit bid of the lender's outstanding debt.

By John J. Rapisardi

10 minute read

March 03, 2011 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, reviews the recent reversal of a decision that sent shock waves throughout the capital markets and institutional lending community when the U.S. Bankruptcy Court for the Southern District of Florida clawed back as fraudulent transfers approximately $420 million in loans that were intended to stave off the impending bankruptcy of home builder TOUSA Inc.

By John J. Rapisardi

13 minute read

July 07, 2011 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi of Cadwalader, Wickersham & Taft writes: In an opinion that has created the most significant bankruptcy-related circuit split in recent years, last week the Seventh Circuit vindicated secured lenders' unqualified right to credit bid on asset sales under a chapter 11 plan, rejecting the Third Circuit's rationale in In re Philadelphia Newspapers.

By John J. Rapisardi

11 minute read

September 01, 2011 | New York Law Journal

In his Bankruptcy Practice column, John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, reviews a recent decision finding that a debtor may avoid as a preferential transfer under Bankruptcy Code section 547 a prepetition real property foreclosure sale, even if the foreclosure sale complied with state requirements for a valid foreclosure.

By John J. Rapisardi

11 minute read