Reed Smith LLP

Commercial Restructuring & Bankruptcy Alert

Vol. IV, No. 2

Subscribe
Inicio Perspectivas Commercial Restructuring & Bankruptcy Alert

In this issue:

  • Make–Whole Claim in the Amount of 37% of Loan Balance is Enforced by Delaware Bankruptcy Court
  • Seventh Circuit Requires Competition for Insider’s New-Value Plan of Reorganization
  • Following Castleton Plaza, Competitive Bidding Required Where Insider Asserts ‘New Value’ Exception to Absolute Priority Rule
  • Fourth Circuit is the First to Hold Absolute Priority Rule Applicable to Individual Chapter 11 Debtors
  • Tenth Circuit Joins Fourth Circuit in Holding that Absolute Priority Rule Applies to Individual Chapter 11 Cases
  • Court Affirms Separate Classification, Holds Artificial Impairment Not Per Se Impermissible
  • Debtor Had Legitimate Business Reason to Separately Classify Unsecured Claims
  • Venue Created by Subsidiary Incorporation ‘Bootstraps’ Venue Selection
  • Seventh Circuit Overturns Veil-Piercing
  • Subtenant Retains Possessory Rights Under Section 365(h) Despite Explicit Free and Clear Section 363(f) Sale
  • Asset Purchaser is Subject to Successor Liability for FLSA Judgment, Despite Specific Disclaimer of Liability
  • Comity Outweighed by Significant Differences in Law in Chapter 15 Case
  • Seventh Circuit Rules Rejection of Executory Trademark License Does Not Terminate the License, Creates a Split of Authority
  • Post-Petition Lock-Down Agreement Does Not Equate to Impermissible Vote Solicitation
  • Defrauded Initial Lien Holder Maintains Priority over Subsequent Innocent Lenders
  • Mortgage Foreclosure is ‘Debt Collection’ Under Fair Debt Collection Practices
  • Exit Lenders Liable for Conversion Where Distributions Contravene Credit Agreement
  • Beware the Credit Overbid
  • Bank Loses Possessory Lien Following Turnover of Funds to Trustee – Should Have Sought Adequate Protection
  • Creditor Defeats Preference Action Based on ‘New Value’ Defense
  • A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist
  • Trustee Fails to Carry Burden, Court Affirms Pre-petition Transfers to Cover Check-Kiting Losses Not Avoidable Preference
  • Ninth Circuit Joins Majority, Holds Unstayed Judgments Not ‘Bona Fide
  • Counsel’s Corner: News From Reed Smith

Download the .PDF to learn more!