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Stories under - Secured Claims

Second Liens Beware
Delaware Bankruptcy Court Finds De Facto Claim Subordination Under Intercreditor Agre...

Automatic Stay, Secured Claims

The Devil Is in the Documentation

The Continuing Saga of the Perils of Inadequate Documentation in Loan Transfers

Financing, Secured Claims

Solvent Debtors Beware – Noteholders May Be Entitled to an Unsecured Claim for Expectation Damages Resul...

Financing, Secured Claims

Noteholders in the Southern District of New York Not Entitled to an Unsecured Claim for Expectation Damages Re...

Chapter 11 Plans, Secured Claims

Check Yourself Before You Wreck Yourself: Partial Involvement in a Bankruptcy Case May Cause Parties to Lose P...

Court Allows Borrower’s Proof of Claim in Light of Questionable Practices by Lender

Financing, Secured Claims

In re Chemtura Corporation: An Analysis of the Enforceability of Make-Whole and No-Call Provisions in the Sout...

Word to the Wise: The Doctrine of Equitable Subrogation May Permit a Lender to Obtain Priority Over Earlier Pe...

Secured Claims, Throwback Thursday

“Till” is Cherished Still… (Despite Losing the Blog’s Sweet Sixteen Contest)

Chapter 11 Plans, Secured Claims

Secured Lenders to Brace for a Longer Race with “Mace” in Place

Chapter 11 Plans, Secured Claims

A Cram Session on Cramdown Interest Rates

Chapter 11 Plans, Financing, Secured Claims

Tranche Warfare, or How I Learned To Stop Worrying and Love Bankrupt CDOs

Third Circuit Addresses What Happens When Fraud Results in Two First Priority Liens on the Same Assets

Chapter 11 Plans, Secured Claims

All or Nothing? Bankruptcy Court Determines that the Partial Surrender of Collateral to a Secured Creditor Is...

Secured Lenders Beware! Your Security Interests on All Real Property Assets and Rents of a Hotel May Not Exte...

Automatic Stay, Claims, Financing, Jurisdiction & Appeals, Pre-Filing Considerations, Secured Claims

Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank

Chapter 11 Plans, Pre-Filing Considerations, Secured Claims

Taking the Long View: How Reorganization is More Like a Marathon and Less Like a Sprint

Financing, Secured Claims

Imperfect Roses—a Valentine’s Day Lesson for Secured Lenders

Automatic Stay, Secured Claims, Valuation

Bankruptcy Roulette: The Uncertainty of Distressed Real Estate Valuation in Bankruptcy Court

Avoidance Actions, Chapter 11 Plans, Involuntary Petitions, Secured Claims

2011: A Reminder to Secured Creditors to Take Nothing for Granted

Claims, Schedules & SOFAs, Secured Claims

On Tax Day, the Debtor-Taxpayer Wins (But Not Quite)

Chapter 11 Plans, Secured Claims

A Dollar Today Is Worth More Than a Dollar Tomorrow and Other Lessons on “Indubitable Equivalence”

Financing, Secured Claims

“Don’t Have a Cow, Man”: Court Rules that a Lender’s Perfected Security Interest in Cattle Does Not L...

Secured Creditor Denied Double Recovery – Bankruptcy Court Approves Postpetition Interest but Rejects Late-P...

Real Estate, Secured Claims

Another Look at “Absolute” Assignments of Rent Under New York Law

Dismissal, Chapter 11 Plans, Real Estate, Secured Claims

Chronicle of the “Unforeseeable” Foretold

Chapter 11 Plans, Claims, Secured Claims

Blocking the Blockers – Ninth Circuit Bankruptcy Appellate Panel Rules that Blocking Confirmation Is Not a G...

Claims, Financing, Secured Claims, Valuation

Who Captures the Upside? Third Circuit Considers Valuation of Collateral Expected to Generate Cashflow in Exc...

Chapter 11 Plans, Financing, Real Estate, Secured Claims

Separate But Not Equal: Bankruptcy Court Requires Subordinated Secured Debt to Be Classified Separately from ...

Claims, Secured Claims

Superpriority under Section 507(b): Powerful but Sometimes Elusive

363 Sales, Secured Claims

Tenth Circuit Grants Creditor a ‘License’ to Take a Security Interest: Creditor’s Security Interest in ...

Ninth Circuit holds that Postpetition Payments Received by Debtor Are Not Proceeds of “Payments to Become Du...

Chapter 11 Plans, Secured Claims

When It Comes to Cramdown Interest Rate, Court Rules that Prime Rate is Not So Prime

Constitutional Law, Secured Claims

Taking Title: the Legal Logic Behind Municipal Proposals to Use Eminent Domain to Seize Underwater Mortgages

Chapter 11 Plans, Secured Claims

Can a Partial “Dirt for Debt” Plan Satisfy the “Indubitable Equivalent” Cramdown Standard?

Constitutional Law, Secured Claims, Throwback Thursday

Bitter Medicine: Debt Overhang Remedy During the Great Depression Turns Out to be a Fifth Amendment Taking

Constitutional Law, Secured Claims, Throwback Thursday

Stare Indecisis – Supreme Court Upholds Depression-Era Law Limiting Ability to Exercise Security Interests A...

Chapter 11 Plans, Cramdown, Secured Claims

Plucked From the Bargain Bin: Testing the Limits of the New Value Exception to the Absolute Priority Rule

Chapter 11 Plans, Secured Claims

Partial Dirt-for-Debt Plans: No Cushion? No Confirmation

Chapter 11 Plans, Pre-Filing Considerations, Real Estate, Secured Claims

The Battle for Camp Bowie: A Fifth-Circuit Story of Artificial Impairment, Cramdown, and the Risks of Secured ...

Chapter 11 Plans, Secured Claims

Not Everything Is Bigger in Texas – The Fifth Circuit’s Recent Cramdown Interest Decision

Chapter 11 Plans, Secured Claims

I Would Do Anything for [Confirmation], But I Won’t Do That

Chapter 11 Plans, Secured Claims

Reorganizing a “Refuge from Home Life”: Debtor Rides Rising Hotel Market to Cramdown Confirmation

Chapter 11 Plans, Secured Claims

Give a Little, Get a Little: Court Crams Down Plan on Oversecured Creditor Who Faces Substantial Risk Under De...

363 Sales, Secured Claims

Secured Creditors: Dot Your “Is” and Cross Your “Ts”

Chapter 11 Plans, Secured Claims

The Cramdown Matrix: Reloaded

Avoidance Actions, Chapter 11 Plans, Secured Claims

I Thought I Went to Law School to Avoid Math: Calculating Recovery in a Chapter 7 Liquidation in the Context o...

363 Sales, Financing, Secured Claims

To Surcharge or Not to Surcharge: The Third Circuit Says Only in Sharply Limited Circumstances

When Things Are Just Outside Your Control

Post-Confirmation Issues, Secured Claims

Claim Disallowance and Lien Avoidance: A Distinction with a Difference

Secured Claims, Slice of the Pie, Valuation

Valuing Secured Claims: The Importance of Credible Testimony and Postpetition Rents

Chapter 11 Plans, Secured Claims

Cramdown Matrix Update: The Well-Adjusted Interest Rate

Despite Lack of Value, Seventh Circuit Permits Nonrecourse Secured Lender to Assert Deficiency Claim

Chapter 11 Plans, Secured Claims

Common-Law Cramdown: The Prohibition on Undue Risk Shifting

Claims, Secured Claims

Ignoring Its Own Precedent, Seventh Circuit Refuses to Allow Tax Lien to Ride Through Chapter 13 Case

Claims, Secured Claims

Liens Will Survive — All Goes Well for Secured Creditor When Ninth Circuit Extends Dewsnup Principles to Cha...

Claims, Financing, Professionals, Secured Claims

You Can’t Always Get What You Want, But If You’re an Oversecured Creditor, You Might Get What You Need

Chapter 11 Plans, Cramdown, Secured Claims

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I

Chapter 11 Plans, Cramdown, Secured Claims

Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II

Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Pro...

Charging Liens and Trump Cards: Specific Isolated Funds Not Required

Claims, Secured Claims, What We're Watching

Supreme Court to Consider Eleventh Circuit Decisions Upholding “Strip Off” of Junior Mortgage Liens

No Security by Obscurity: The Importance of Clearly Identifying Collateral

363 Sales, Secured Claims

Fodder for the Dinner Table: The Rights of Secured Creditors in Chapter 11

Claims, Jurisdiction & Appeals, Secured Claims

Breaking News: SCOTUS Rules That Liens Ride Through, At Least in a Chapter 7 Case.

Chapter 9, Claims, Rules & Procedures, Secured Claims

You’re Late! You’re Late! For a Very Important Date! Seventh Circuit Holds Bankruptcy Rule 3002(c) Deadli...

Claims, Jurisdiction & Appeals, Secured Claims

SCOTUS Rules that Completely Underwater Liens Ride Through, At Least in a Chapter 7 Case

363 Sales, Secured Claims

Does Silence Mean Consent? Some Courts Have Found That It Does Not (at Least for Purposes of Sales Under Sect...

The Cure: Eleventh Circuit Entitles Lender to Default-Rate Interest

Chapter 11 Plans, Secured Claims

Why Won’t the Courts Apply the Plain Language of Section 1141(c)? Second Circuit Misses the Chance to Get I...

Two New Decisions Appear to Support Lien-Stripping (Under Certain Conditions)

363 Sales, ABI Reform Commission, Bitcoin Bankruptcy, Chapter 11 Trustees & Examiners, Chapter 7 Trustees, Cramdown, Lookback Period, Secured Claims, Valuation

Lookback Period: Eight Weeks

Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims

Lookback Period: Eight Weeks (Part 3)

Claims, Secured Claims

Think You Got A Blank Check? Think Again

California Court Holds Implied Consent Is a Valid Alternative Basis to Surcharge Secured Creditors’ Collater...

Chapter 11 Plans, Cramdown, Secured Claims

S.D.N.Y. Explores Impairment of a Secured Creditor Retaining its Collateral

Chapter 11 Plans, Claims, Cramdown, Secured Claims

Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order

Chapter 11 Plans, Secured Claims

Third Circuit Adopts Nuanced View of “Equal Treatment” in Context of Pre-Plan Settlement Offers

What’s a Cure, Anyway? Ninth Circuit Holds Creditor Entitled to Post-Default Interest Rate

Chapter 11 Plans, Cramdown, Secured Claims

Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans

Case Overviews, Chapter 11 Plans, Cramdown, Plan Solicitation & Voting, Secured Claims

Upon Further Review, Ninth Circuit Finds No Flag On the Play – Creditor Allowed to Block a Cram-Up Plan Foll...

Credit Bidding, Case Overviews, Distressed Debt Funds, Secured Claims, Valuation

Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast