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You are here: Area of Law Bankruptcy Federal Bankruptcy Proceedings/Litigation Second Circuit's In re DBSD North America: "Gifting" Violates Absolute Priority Rule; Strategic Investor’s Votes Invalidated

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In re DBSD North America: "Gifting" Violates Absolute Priority Rule; Strategic Investor’s Votes Invalidated

CliffordChanceLogoBeyond Dish Network: Further Developments in Designating the Votes of Claims Purchased in Bankruptcy

Clifford Chance
March 19, 2013
4 pages

Second Circuit Prohibits Chapter 11 Gifts to Junior Creditor Classes

Mintz Levin
March 3, 2011

Please see our Hot Topics for more on this subject.

Beware of Creditors Bearing Gifts: the Second Circuit’s Recent Decision in In re: DBSD North America, Inc. Casts Significant Doubt on “Gift” Plans  

Latham & Watkins
February 28, 2011

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Looking a “Gift” Plan in the Mouth: Second Circuit Decision in In re DBSD North America, Inc. Limits Use of Gifting Plans in Bankruptcy

Bingham
February 25, 2011

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Second Circuit rejects gifting exception to absolute priority rule and affirms vote designation for claims acquired in bad faith

Dechert
February 2011

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Second Circuit Upholds Designation of Votes of Investor Seeking to Acquire Control and Prohibits “Gifting” in Plan of Reorganization

Debevoise & Plimpton
February 16, 2011

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Second Circuit's DBSD Decision Rejects Gifting, Upholds Designation of Competitor's Plan Vote

Shearman & Sterling
February 15, 2011

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The Second Circuit Rejects “Gifting” Strategy by a Senior Secured Creditor Class and Sends a Warning to Strategic Claim Traders

Bryan Cave
February 15, 2011

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Ability to Gift New Equity to Old Equity through Plan Disapproved in the Second Circuit and Ulterior Motives in Purchasing Debt Could Lead to Designation of Vote

Haynes and Boone
February 14, 2011

Please see our Hot Topics for more on this subject.