Authors: Alison Wickizer Toepp Alison Wickizer Toepp Brian M. Schenker Christopher O. Rivas Chrystal Puleo Mauro Derek J. Baker Lauren S. Zabel Peter S. Clark

Note from Peter S. Clark, II (CR&B Practice Group Leader):

Welcome to the February 2015 issue of the CR&B Alert, the newsletter produced by Reed Smith's Commercial Restructuring & Bankruptcy Group. Please share your feedback and ideas. We appreciate the opportunity to serve you.

In this Issue:

  • Minority Holders Gain Leverage Through Recent Interpretation of Trust Indenture Act
  • New Jersey Joins Number of States Creating Specialty Business Courts
  • Credit Bid Rights Bolstered in Tennessee Bankruptcy Court Decision
  • Make-Whole Premium Denied, and Cramdown of Below-Market Interest Rate Notes Allowed
  • More from MPM Silicones - Junior Lienholders’ Actions Were Consistent with Their Rights under an Intercreditor Agreement
  • IRS Obtains Equitable Subordination of PIK Notes
  • Creditor Entitled to Full Value of Services in ‘New Value’ Defense to Preference Action
  • Construction Lender’s Failure to Notify Builder of Financial Insufficiencies Does Not Warrant Equitable Subordination
  • Drop-Shipped Goods are Not ‘Received’ by the Debtor and Thus Not Entitled to Administrative Priority
  • Does a Bank Violate the Automatic Stay by Freezing an Individual Bankrupt’s Account on the Filing of a Chapter 7 Petition?
  • ‘Officer’ Indemnification Case Under Delaware Law May Provide Bankruptcy Code ‘Insider’ Insights
  • ‘Deemed Acceptance’ Deemed Acceptable for Cramdown, But Not for Section 1129(a)(10) ‘Actual Acceptance’
  • Trustee’s Theory of Unreasonably Small Capital Fails in Constructively Fraudulent Avoidance Action
  • Deepening Insolvency Not a Claim Under Texas Law
  • Attempt to Re-litigate State Court Decision Before Bankruptcy Court Results in Dismissal
  • Structured Dismissal Approved When in the Interests of the Creditors
  • Counsel’s Corner: News from Reed Smith

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