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Commercial Restructuring & Bankruptcy Alert

Vol. VII, No. 4

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Articles in this issue include:

  • CRAB Bites-High Court to Resolve Credit Bidding Dispute
  • MF GLOBAL - U.S. AND UK
  • In a Case of First Impression, Court Grants Administrative Priority Status to Post-Petition Withdrawal Liability
  • Cross-Affiliate Netting Provision in ISDA Swap Agreement is Not Enforceable Against the Debtor
  • Court Finds Material Questions of Fact Regarding Breach of Fiduciary Duties and Deepening Insolvency
  • What Anna Nicole Smith's Bankruptcy Case May Mean to Credit Managers Everywhere
  • Pre-Petition Liens on FCC License Proceeds Can Attach to Post- Petition Proceeds
  • FDIC Treatment of Creditor Claims Under Orderly Liquidation Process
  • Third Circuit Considering if the 'Police Power' Exception to the Automatic Stay Extends to the UK Pensions Regulator
  • The Seller of Loan Participation Interests Protected from Preference Recovery Under the 'Conduit Theory'
  • Secured Creditors Need Not File a Proof of Claim to Lift the Automatic Stay to Proceed with a Foreclosure Action
  • Strict Compliance with Section 524(c) Required to Uphold Reaffirmation Contract
  • Secured Lender Took Sufficient Affirmative Action to Effect the Assignment of Rents
  • Court Upholds Ipso Facto Clause and Default Interest Rate
  • Substantive Consolidation Order Not Automatically Retroactive Absent Language to the Contrary
  • Court Finds Defendants Knowingly Waived Right to Jury Trial, Affirms Such Waivers Must Be Clear
  • Actual Conflict of Interest Required to Disqualify Legal Counsel Under Section 327
  • Court Recharacterizes Claim, Declines to Adopt a Per Se Rule that Recharacterization Only Applies to Insiders
  • 'Indubitable Equivalence' Not Proven in Proposal to Effect Partial Conveyance of Property in Full Satisfaction of Claim
  • Updates On Bankruptcy Rules With Respect To Proof Of Claims: Sanctions Authorized If Not Followed
  • Court Denies Lender's Motion to Dismiss Section 547 Preference Action Seeking to Avoid Valid Foreclosure Sale
  • Are You Waiving Your Right to a Deficiency Claim if You List Your Claim as Fully Secured on the Proof of Claim?
  • Counsel's Corner: News From Reed Smith

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