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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