Account

Sign in to access your account and subscription

Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case

On Jan. 17, 2017, in a closely watched dispute, the Second Circuit issued its long-anticipated decision in <i>Marblegate Asset Management, LLC v. Education Management Finance Corp.</i>, construing Section 316(b) narrowly, holding that it only prohibits "non-consensual amendments to an indenture's core payment terms" and does not protect noteholders' practical ability to receive payment.

13 minute read March 01, 2017 at 12:03 AM
By
Alan R. Glickman, David M. Hillman, Ronald B. Risdon and Minji Reem
Second Circuit Reverses District Court in <i>Marblegate</i>, Making It Easier to Restructure Bonds Outside of a Chapter 11 Case

On Jan. 17, 2017, in a closely watched dispute surrounding Section 316(b) of the Trust Indenture Act of 1939, the U.S. Court of Appeals for the Second Circuit issued its long-anticipated decision in Marblegate Asset Management, LLC v.

This premium content is locked for The Bankruptcy Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Bankruptcy Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

October 01, 2026