Note from Peter S. Clark, II (R&I Practice Group Leader):
Welcome to the January 2019 issue of the R&I Alert, the newsletter produced by Reed Smith's Restructuring & Insolvency Group. Readers who wish to print and read the newsletter in its entirety may do so by downloading the PDF below. Please share your feedback and ideas. We appreciate the opportunity to serve you.
In this Issue:
- Can a junior lien holder obtain discovery from a senior lien holder?
- Watch your language.
- To avoid mootness, request a stay pending an appeal
- Fifth circuit holds that courts have the flexibility to select the valuation in a cramdown scenario
- Patently ambiguous – a lesson in clarity in drafting
- First circuit addresses general contractors’ rights to withhold payments to bankrupt subcontractors
- Bankruptcy court finds that dip lender’s super-priority claims take priority over post-conversion administrative expense claims
- Termination fees: making clear when, and who, is entitled to payment at the outset
- Fifth circuit holds that a patent license allegedly purchased by a company in a bankruptcy sale was in fact a rejected executory contract and could not have been transferred in the sale.
- Delaware district court finds that a cramdown plan can modify a creditors’ expected recoveries pursuant to prepetition subordination agreements
- Picking up the pieces after the ponzi scheme
- Sixth circuit clarifies trigger for determining appeal deadlines
- Illinois department of revenue not entitled to adequate protection upon sale of properties subject to tax liens
- Third circuit holds shares in debtor are subject to terms of confirmed plan
- Equitable mootness remains alive and well
- Derivative standing for creditors available in chapter 7 cases
- Counsel’s Corner: News from Reed Smith
Download the .PDF below to learn more.