Brian M. Schenker | Global Insolvency

Broader economic woes may have played a part in the court’s decision to dismiss allegations of lender overreaching

13 September 2010

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The Donald Trumps Icahn - intercreditor agreement restrictions on junior lenders not controlling in consideration of approval of nonconsensual reorganization plan

01 December 2010

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Creditors of insolvent subsidiaries may bring derivative actions against parent company’s officers and directors for breach of fiduciary duties

01 December 2010

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Omission of plat in a mortgage renders its recording a nullity, provides no notice to the trustee and subjects the mortgage to avoidance

01 December 2010

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USA

‘Ordinary course of business’ enables supplier to keep payments in a preference action

01 December 2010

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In a case of first impression, the Third Circuit holds that discounted cash flow analysis may be used as a ‘commercially reasonable determinant of value’ with respect to repurchase agreement acceleration under section 562

15 June 2011

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Court holds that ‘all value’ must be considered in determining ‘reasonably equivalent value’ in fraudulent transfer case

15 June 2011

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Court vacates the foreclosure sale and awards damages, finding that the lender violated the automatic stay by proceeding with the sale where debtor guaranteed the loan, but had no ownership interest

15 June 2011

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Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

12 June 2013

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Exit lenders liable for conversion where distributions contravene credit agreement

12 June 2013

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