Articles in this issue include:
- Swaps
- Delaware Bankruptcy Court Sheds Light on the Common Interest Doctrine Preventing the Waiver of Privileged Communications
- The Donald Trumps Icahn - Intercreditor Agreement Restrictions on Junior Lenders Not Controlling in Consideration of Approval of Nonconsensual Reorganization Plan
- Creditors of Insolvent Subsidiaries May Bring Derivative Actions Against Parent Company's Officers and Directors for Breach of Fiduciary Duties
- Credit Bidding Cannot Be Prohibited - The Recent Decision in River Road Hotel Partners
- Consideration of a TRAC Clause Under the UCC and Economic Realities Required To Determine if Equipment Leases are True Leases or Disguised Financing
- In a Case of First Impression, the Circuit Court Determines That a Trustee of a Securitized Investment Pool is a 'Transferee' in a Preference Action
- Post-Confirmation Cramdown Interest Rate: 'Market Formula' Applies to Oversecured Loan in this Developing Area
- A Proposed Plan's Voting Stock Allocation Causes an Incurable Change-of-Control Breach and Impermissible Reinstatement of Secured Debt
- Compensation Distributions Triggered by Events Outside the Debtor's Control are Property of the Estate and Subject to Avoidance
- Trustee's Use of Strong-Arm Powers Limited Where State UCC Gives Priority to the Lender That Perfects its Lien Post-Petition
- Funds 'Earmarked' for Bondholders Not Property of the Estate and Not Subject to Avoidance
- 'Ordinary Course of Business' Enables Supplier To Keep Payments in a Preference Action
- Omission of Plat in a Mortgage Renders Its Recording a Nullity, Provides No Notice to the Trustee and Subjects the Mortgage to Avoidance
- Bankruptcy Court (Mostly) Dismisses Complaint Against Pre-petition Lenders Based On Alleged Inequitable Conduct
- Undersecured Mortgage Lenders May Include Fees & Costs in Arrearage Cure Amount of Chapter 13 Debtor Under Section 1322(e)
- Counsel's Corner
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