Case Overviews, Financing, Secured Claims Covenant of Good Faith and Fair Dealing Examined: La Paloma Contributor(s) Ronit J. Berkovich Fraser Andrews
Secured Claims Second Liens Beware Delaware Bankruptcy Court Finds De Facto Claim Subordination Under Intercreditor Agreement Contributor(s) Daniel Dokos Ryan Preston Dahl
Credit Bidding, Case Overviews, Distressed Debt Funds, Secured Claims, Valuation Delaware Bankruptcy Court Declines to Bind Credit Bidders to the Mast Contributor(s) Kevin Bostel Matthew Goren
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 Following Claims Purchases Contributor(s) David Griffiths
Chapter 11 Plans, Cramdown, Secured Claims Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans Contributor(s) David Griffiths
Secured Claims What’s a Cure, Anyway? Ninth Circuit Holds Creditor Entitled to Post-Default Interest Rate Contributor(s) Daniel Gwen
Chapter 11 Plans, Secured Claims Third Circuit Adopts Nuanced View of “Equal Treatment” in Context of Pre-Plan Settlement Offers
Chapter 11 Plans, Claims, Cramdown, Secured Claims Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order Contributor(s) Scott Bowling
Chapter 11 Plans, Cramdown, Secured Claims S.D.N.Y. Explores Impairment of a Secured Creditor Retaining its Collateral Contributor(s) Kevin Bostel
Secured Claims California Court Holds Implied Consent Is a Valid Alternative Basis to Surcharge Secured Creditors’ Collateral
Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims Lookback Period: Eight Weeks (Part 3)
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, Secured Claims Why Won’t the Courts Apply the Plain Language of Section 1141(c)? Second Circuit Misses the Chance to Get It Right in Northern New England Telephone Operations
363 Sales, Secured Claims Does Silence Mean Consent? Some Courts Have Found That It Does Not (at Least for Purposes of Sales Under Section 363(f)) Contributor(s) Debora Hoehne
Claims, Jurisdiction & Appeals, Secured Claims SCOTUS Rules that Completely Underwater 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) Deadline to File Proofs of Claim Applies to Secured Claims Contributor(s) Matthew Goren
Claims, Jurisdiction & Appeals, Secured Claims Breaking News: SCOTUS Rules That Liens Ride Through, At Least in a Chapter 7 Case.
Claims, Secured Claims, What We're Watching Supreme Court to Consider Eleventh Circuit Decisions Upholding “Strip Off” of Junior Mortgage Liens
Secured Claims Recent “Family Farmer” Case Shows How Secured Creditors Can Avoid Being Plowed Down By Unfair Cramdown Provisions
Chapter 11 Plans, Cramdown, Secured Claims Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part II Contributor(s) David Griffiths
Chapter 11 Plans, Cramdown, Secured Claims Momentous Decision in Momentive Performance Materials: Cramdown of Secured Creditors – Part I Contributor(s) David Griffiths
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
Claims, Secured Claims Liens Will Survive — All Goes Well for Secured Creditor When Ninth Circuit Extends Dewsnup Principles to Chapter 12
Claims, Secured Claims Ignoring Its Own Precedent, Seventh Circuit Refuses to Allow Tax Lien to Ride Through Chapter 13 Case
Chapter 11 Plans, Secured Claims Common-Law Cramdown: The Prohibition on Undue Risk Shifting Contributor(s) Scott Bowling
Secured Claims Despite Lack of Value, Seventh Circuit Permits Nonrecourse Secured Lender to Assert Deficiency Claim
Chapter 11 Plans, Secured Claims Cramdown Matrix Update: The Well-Adjusted Interest Rate Contributor(s) Gabriel A. Morgan
Secured Claims, Slice of the Pie, Valuation Valuing Secured Claims: The Importance of Credible Testimony and Postpetition Rents Contributor(s) Gabriel A. Morgan
Post-Confirmation Issues, Secured Claims Claim Disallowance and Lien Avoidance: A Distinction with a Difference
363 Sales, Financing, Secured Claims To Surcharge or Not to Surcharge: The Third Circuit Says Only in Sharply Limited Circumstances
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 of a Preference Action
363 Sales, Secured Claims Secured Creditors: Dot Your “Is” and Cross Your “Ts” Contributor(s) Andriana Georgallas
Chapter 11 Plans, Secured Claims Give a Little, Get a Little: Court Crams Down Plan on Oversecured Creditor Who Faces Substantial Risk Under Debtor’s Plan of Reorganization
Chapter 11 Plans, Secured Claims Reorganizing a “Refuge from Home Life”: Debtor Rides Rising Hotel Market to Cramdown Confirmation Contributor(s) Debora Hoehne
Chapter 11 Plans, Secured Claims Not Everything Is Bigger in Texas – The Fifth Circuit’s Recent Cramdown Interest Decision
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 Creditors
Chapter 11 Plans, Cramdown, Secured Claims Plucked From the Bargain Bin: Testing the Limits of the New Value Exception to the Absolute Priority Rule
Constitutional Law, Secured Claims, Throwback Thursday Stare Indecisis – Supreme Court Upholds Depression-Era Law Limiting Ability to Exercise Security Interests After Striking Down Predecessor Law
Constitutional Law, Secured Claims, Throwback Thursday Bitter Medicine: Debt Overhang Remedy During the Great Depression Turns Out to be a Fifth Amendment Taking
Chapter 11 Plans, Secured Claims Can a Partial “Dirt for Debt” Plan Satisfy the “Indubitable Equivalent” Cramdown Standard?
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 When It Comes to Cramdown Interest Rate, Court Rules that Prime Rate is Not So Prime
Secured Claims Ninth Circuit holds that Postpetition Payments Received by Debtor Are Not Proceeds of “Payments to Become Due.”
363 Sales, Secured Claims Tenth Circuit Grants Creditor a ‘License’ to Take a Security Interest: Creditor’s Security Interest in Proceeds of FCC License Upheld
Chapter 11 Plans, Financing, Real Estate, Secured Claims Separate But Not Equal: Bankruptcy Court Requires Subordinated Secured Debt to Be Classified Separately from Senior Secured Debt
Claims, Financing, Secured Claims, Valuation Who Captures the Upside? Third Circuit Considers Valuation of Collateral Expected to Generate Cashflow in Excess of Secured Claims
Chapter 11 Plans, Claims, Secured Claims Blocking the Blockers – Ninth Circuit Bankruptcy Appellate Panel Rules that Blocking Confirmation Is Not a Good Cause to Change a Vote … Or Perhaps It Is
Secured Claims Secured Creditor Denied Double Recovery – Bankruptcy Court Approves Postpetition Interest but Rejects Late-Payment Premium
Financing, Secured Claims “Don’t Have a Cow, Man”: Court Rules that a Lender’s Perfected Security Interest in Cattle Does Not Lapse Where the Lender Fails to File a Postpetition UCC-1 Continuation Statement
Chapter 11 Plans, Secured Claims A Dollar Today Is Worth More Than a Dollar Tomorrow and Other Lessons on “Indubitable Equivalence”
Avoidance Actions, Chapter 11 Plans, Involuntary Petitions, Secured Claims 2011: A Reminder to Secured Creditors to Take Nothing for Granted Contributor(s) Ronit J. Berkovich
Automatic Stay, Secured Claims, Valuation Bankruptcy Roulette: The Uncertainty of Distressed Real Estate Valuation in Bankruptcy Court
Chapter 11 Plans, Pre-Filing Considerations, Secured Claims Taking the Long View: How Reorganization is More Like a Marathon and Less Like a Sprint
Automatic Stay, Claims, Financing, Jurisdiction & Appeals, Pre-Filing Considerations, Secured Claims Aggressive Creditors: Go Overboard, And You May Find Yourself Walking the Plank
Secured Claims Secured Lenders Beware! Your Security Interests on All Real Property Assets and Rents of a Hotel May Not Extend to Room Revenues
Chapter 11 Plans, Secured Claims All or Nothing? Bankruptcy Court Determines that the Partial Surrender of Collateral to a Secured Creditor Is Not the Indubitable Equivalent of the Secured Creditor’s Claim Contributor(s) Debora Hoehne
Secured Claims Third Circuit Addresses What Happens When Fraud Results in Two First Priority Liens on the Same Assets
Chapter 11 Plans, Financing, Secured Claims Tranche Warfare, or How I Learned To Stop Worrying and Love Bankrupt CDOs
Secured Claims, Throwback Thursday “Till” is Cherished Still… (Despite Losing the Blog’s Sweet Sixteen Contest)
Secured Claims Word to the Wise: The Doctrine of Equitable Subrogation May Permit a Lender to Obtain Priority Over Earlier Perfected Mechanic’s Liens
Financing, Secured Claims In re Chemtura Corporation: An Analysis of the Enforceability of Make-Whole and No-Call Provisions in the Southern District of New York
Chapter 11 Plans, Secured Claims Check Yourself Before You Wreck Yourself: Partial Involvement in a Bankruptcy Case May Cause Parties to Lose Protections Under the Bankruptcy Code
Financing, Secured Claims Noteholders in the Southern District of New York Not Entitled to an Unsecured Claim for Expectation Damages Resulting From a No-Call Provision in an Indenture
Financing, Secured Claims Solvent Debtors Beware – Noteholders May Be Entitled to an Unsecured Claim for Expectation Damages Resulting From a No-Call Provision in Indenture
