CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc.

Decision: 2020.10.22

Argument: 2020.09.10 vid. tr.

Whether Supreme Court properly dismissed plaintiffs’ breach of contract claim based on parties’ indenture, which tracked the language of section 316(b) of the Trust Indenture Act of 1939 (15 USC § 77ppp(b)) and provided that bondholder’s right to receive payment or to bring enforcement suit shall not be impaired without holder’s consent; whether collateral trustee was authorized to pursue default remedy of strict foreclosure.

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• The January Session calendar is set.
• Experts Roundup – New Commentary About CNH Diversified v. Cleveland Unlimited.
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• The September Session calendar is set.
• The April / May Session calendar is set.
• Case Summary – CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc.