Ann E. Pille | Global Insolvency

Replacement lien in rents in favor of secured creditor is not adequate protection where the debtor has no equity cushion

22 March 2011

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Collateral-order doctrine utilized in a case of first impression; court affirms broad equitable powers of a receiver

15 June 2011

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USA

Debtor unable to provide adequate assurance; court denies motions to use cash collateral and obtain DIP financing priming original lien

15 June 2011

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USA

Priming lien approved: new loan use would benefit the estate + debtor’s sizable equity cushion = adequate assurance

15 June 2011

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USA

Court affirms separate classification, holds artificial impairment not per se impermissible

12 June 2013

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USA

Following Castleton Plaza, competitive bidding required where insider asserts ‘new value’ exception to absolute priority rule

12 June 2013

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USA

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

04 March 2013

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USA

Court adopts ‘addition theory’ in applying unnecessary adequate protection payments

18 February 2013

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USA

Low-income housing tax credits must be included in valuing section 506(a) collateral

15 October 2012

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Creation of artificially impaired class to approve cram-down plan is not per se impermissible

15 March 2012

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USA