Authors: Alison Wickizer Toepp Ann E. Pille Brian M. Schenker Christopher O. Rivas Elizabeth A. McGovern Jared S. Roach Lauren S. Zabel Luke E. Debevec Peter S. Clark

In this issue:

  • Consequences of the Failure of a Secured Creditor to File a Timely Proof of Claim
  • Private Equity Funds Potentially Liable for Portfolio Company’s Unfunded Pension Liability
  • Make-Whole Payment Not ‘Unmatured Interest’
  • Tax Status of Q-Sub Debtor Not Estate Property; Debtor Has No Standing to Challenge Parent’s Sub-S Revocation
  • Don’t Let Excess Insurers Avoid Coverage Based on Settlements or Bankruptcy
  • Failure to Execute Plan-Required Documents Very Costly for Subsequent Purchaser
  • Creditor Has Two Separate Security Interests in Property and Rents
  • Fifth Circuit Now Holds Absolute Priority Rule Applicable to Individual Chapter 11 Debtors
  • Third Circuit Predicts Pennsylvania Supreme Court Would Permit Punitive Damages Under Fraudulent Transfer Act
  • Court Clarifies Burdens of Proof in Adequate Protection and Lift-Stay Motions
  • Tax Refund of Bank Holding Company Sub Belongs to FDIC
  • Oil and Gas Lease is Executory When No Extraction Made Pre-Petition
  • Undersecured Creditor Electing 1111(b) Treatment Allowed Post-Petition Attorney Fees, But Not Interest
  • North Carolina Bankruptcy Court Finds Proposed Plan Not Feasible
  • Participation in Bankruptcy Case and Adversary Proceeding Constitutes Waiver of Contractual Arbitration Right
  • Lease Amendments May be Severable, and Thus Subject to Assumption and Rejection
  • Failure to Precisely Punctuate Debtor’s Name in UCC Filing Costs Creditor Its Liens
  • Reopening a Bankruptcy Case to Enforce Anti-Assignment Clause May Be Within Subject Matter Jurisdiction
  • Court Lifts Stay, Finds Creditor Objections Did Not Cause Debtor to Miss Confirmation Deadline
  • $14 Million Oversecurity Overcomes Plan Risks, Cram-Down Plan Approved
  • Cross-Border Comparisons: Piercing the Corporate Veil
  • Counsel’s Corner: News From Reed Smith

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