32 Cited authorities

Mastrobuono v. Shearson Lehman Hutton, Inc.
514 U.S. 52 (1995) Cited 1,239 times 14 Legal Analyses
Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”
Till v. SCS Credit Corp.
541 U.S. 465 (2004) Cited 646 times 34 Legal Analyses
Holding that the prime-plus approach should be used to determine the proper interest rate
Rake v. Wade
508 U.S. 464 (1993) Cited 529 times 6 Legal Analyses
Holding that § 506(b) requires allowance of postpetition interest with respect to the entire claim of an oversecured creditor, including arrearages, if the contract provides for it
Painewebber Inc. v. Bybyk
81 F.3d 1193 (2d Cir. 1996) Cited 467 times 1 Legal Analyses
Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability
In re Metromedia Fiber Network, Inc.
416 F.3d 136 (2d Cir. 2005) Cited 240 times 24 Legal Analyses
Holding that when a party does not diligently pursue a stay or seek expedited appellate review, "the question is not solely whether we can provide relief without unraveling the Plan, but also whether we should provide such relief in light of fairness concerns"
Lockheed Martin Corp. v. Retail Holdings
639 F.3d 63 (2d Cir. 2011) Cited 193 times 1 Legal Analyses
Holding that when the parties' intent is unambiguous, the contract "must be enforced according to the plain meaning of its terms."
Paneccasio v. Unisource
532 F.3d 101 (2d Cir. 2008) Cited 207 times 3 Legal Analyses
Holding that ERISA preempted plaintiff's state common law claims, including breach of contract and breach of the covenant of good faith and fair dealing
American Express Bank v. Uniroyal
164 A.D.2d 275 (N.Y. App. Div. 1990) Cited 250 times
Granting summary judgment "[w]here the intent of the parties can be determined from the face of the agreement"
In re Momentum Mfg. Corp.
25 F.3d 1132 (2d Cir. 1994) Cited 181 times 1 Legal Analyses
Finding that § 1125 of the Bankruptcy Code obliges a debtor to engage in full and fair disclosure that would enable a hypothetical reasonable investor to make an informed judgment about the plan
Galli v. Metz
973 F.2d 145 (2d Cir. 1992) Cited 184 times 5 Legal Analyses
Holding that courts should avoid constructions that render terms meaningless
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,116 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 1129 - Confirmation of plan
11 U.S.C. § 1129 Cited 4,331 times 104 Legal Analyses
Requiring payment of property whose "value, as of the effective date of the plan" equals or exceeds the value of the creditor's claim

In Re: MPM Silicones, LLC et al

32 Cited authorities

Holding that courts should be guided by the “cardinal principle of contract construction: that a document should be read to give effect to all of its provisions and to render them consistent with each other”

Holding that the prime-plus approach should be used to determine the proper interest rate

Holding that § 506(b) requires allowance of postpetition interest with respect to the entire claim of an oversecured creditor, including arrearages, if the contract provides for it

Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability

Holding that when a party does not diligently pursue a stay or seek expedited appellate review, "the question is not solely whether we can provide relief without unraveling the Plan, but also whether we should provide such relief in light of fairness concerns"

Holding that when the parties' intent is unambiguous, the contract "must be enforced according to the plain meaning of its terms."

Holding that ERISA preempted plaintiff's state common law claims, including breach of contract and breach of the covenant of good faith and fair dealing

Granting summary judgment "[w]here the intent of the parties can be determined from the face of the agreement"

Finding that § 1125 of the Bankruptcy Code obliges a debtor to engage in full and fair disclosure that would enable a hypothetical reasonable investor to make an informed judgment about the plan

Holding that courts should avoid constructions that render terms meaningless

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Requiring payment of property whose "value, as of the effective date of the plan" equals or exceeds the value of the creditor's claim