S.D.N.Y. District Court Holds Trust Indenture Act Limits Ability of Issuer to Restructure Bonds of Dissenting Bondholders Outside of Bankruptcy

June 30, 2015

On June 23, 2015, Judge Katherine Polk Failla of the U.S. District Court for the Southern District of New York held that a debt restructuring outside of bankruptcy that deprives dissenting bondholders of assets against which to recover violates Section 316(b) of the Trust Indenture Act of 1939, 15 U.S.C. ยง 77ppp(b), even if the restructuring does not modify any indenture term explicitly governing the right to receive interest or principal on a certain date. Marblegate Asset Mgmt. v. Educ. Mgmt. Corp., No. 14 Civ. 8584(KPF), 2015 WL 3867643 (S.D.N.Y. June 23, 2015).