Authors: Brian M. Schenker Brian M. Schenker Christopher O. Rivas Christopher O. Rivas Chrystal Puleo Mauro Jonathan R. Doolittle Lauren S. Zabel Marsha A. Houston Peter S. Clark

Type: Newsletters, Restructuring & Insolvency Newsletter

In this Issue:

  • Are Breakup Fees at Risk?
  • Credit Bidding Rights Limited, Capped by Debt Purchase Amount
  • Court Upholds Creditor’s Security Interest Despite Post-Petition Lapse of Financing Statement
  • Trustee Can Use Lien-Creditor Status and Avoidance Power Defensively, Even After Limitation Period
  • Denying Summary Judgment, Court Holds that ORRI May Face Recharacterization as Debt
  • Preference Decision May Expand Circumstances in Which Trustees Seek Recovery from Senior and Junior Lienholders
  • Liens May Attach Where Parties Clearly Intended, Even Where Deed of Trust is Deficient
  • Separate Judgments against Husband’s and Wife’s Guaranties of the Same Loan Cannot Be Consolidated
  • Individual Committee Members Must Make a ‘Substantial Contribution’ to Receive Payment of Attorney’s Fees
  • Payment of Claimant’s Fees Under Section 506(c) Only Made in Narrow Circumstances
  • A New Value Chapter 11 Plan Requires a Genuine Market Test to Avoid Absolute Priority Rule Violation
  • Continuing the Split, Court Rules Debtor Has No Possessory Interest in Web Address and Phone Number
  • Chapter 11 Debtor May Not Use or Allocate Rents to Bifurcate Creditor’s Claim
  • Court Analyzes Whether Hotel Revenues are an Interest in Real or Personal Property
  • Court Upholds Insider Releases Because of Substantial Contributions of New Value
  • Court Denies Confirmation Because of Failure to Obtain Informed Consent of Third-Party Releases
  • Settlement Payment Constitutes Antecedent Debt in Preference Action
  • Counsel’s Corner: News from Reed Smith

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