Authors: Alison Wickizer Toepp Brian M. Schenker Christopher O. Rivas Christopher O. Rivas Chrystal Puleo Mauro Claudia Z. Springer Helena Clarke 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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