Authors: Alison Wickizer Toepp Brian M. Schenker Christopher O. Rivas Christopher O. Rivas Claudia Z. Springer Lauren S. Zabel Lauren S. Zabel Peter S. Clark

In this Issue:

  • Judge Says That Stockton, California Can Cut Pension Obligations
  • Third-Party Releases – Better Make Sure They Are Adequately Disclosed
  • Lawyers Who Sign Proofs of Claims for Clients May Be Waiving the Protections of the Attorney-Client Privilege and the Work Product Doctrine
  • Cross-Border Insolvency: The Rise of the Scheme of Arrangement
  • En Banc 8th Circuit Finds Trademark License Agreement Executed with APA Not an Executory Contract
  • LLC Right of First Refusal an Executory Contract
  • Lender Not Entitled to Pre-Petition Default Interest Due to Failure to Exercise Option to Accelerate
  • New Value Contribution By Itself Not Enough To Satisfy New Value Exception
  • Court Finds Debtor Gerrymandered Trade Creditor Class, Rejects ‘Legitimate Business Justification’ Rationale
  • Troubling Actions of Chapter 15 Foreign Representative Do Not Rise to Statutory Conditions to Withdraw Recognition
  • Prospective DIP Lender Allowed Break-Up Fee, But Not Administrative Priority
  • Court Rejects Creditor’s Complaint Seeking Recharacterization
  • Oversecured Creditor Awarded Post-Petition Interest at Contractual Default Rate
  • Untimely Recorded Mortgage Costs Refinance Lender in Preference Action, Earmarking Doctrine Not Applicable
  • Denying Motion to Dismiss, Court Finds Subsidiary Exerted Control over Parent, Creating Fiduciary Duties
  • Creditor Not Required To Credit Debtor for Amounts Received from Non-Debtors Until Paid in Full
  • Bankruptcy Court Refuses to Dismiss Debtors’ Adversary Complaint Alleging Lender Note Sale Scheme
  • Assignment of Loan to Hedge Fund Violated Agreement Terms; Subsequent Assignment to Three Funds Also Disallowed
  • Multiple Agreements Do Not Constitute a Single Integrated Contract, Allows Debtor To Assume Just One Contract
  • Court Upholds Mortgage Dragnet Clause
  • Section 511(a) Protection Upheld for Tax Claim Certificate Holders
  • Counsel’s Corner: News from Reed Smith

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