Authors: Alison Wickizer Toepp Alison Wickizer Toepp Brian M. Schenker Christopher O. Rivas 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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