Serta’s ‘Uptiering’ Maneuvering Approved by U.S. Bankruptcy Court

Overview

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court
Authors:
Gordon Houseman , Michael Chernick , Kevin Heverin , Alan Rockwell , Tomasz Kulawik , Mark J. Shapiro , Fredric Sosnick , Iain Sneddon
Location:
USA
Firm:
A&O Shearman
In re Yellowstone Mountain Club LLC - the pitfalls of “equitable subordination” for the unwary lender

The recent ruling by the Bankruptcy Court for the District of Montana in the Chapter 11 case of In re Yellowstone Mountain Club LLC 1 (“Yellowstone”), which found that a senior secured lender had engaged in “overreaching and predatory lending practices”, suggests an application of lender liability theory from today’s perspective to a transaction that took place before the credit crisis.  

Filed under:
USA, Montana, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Unsecured debt, Fraud, Marketing, Debt, Underwriting, Leverage (finance), Secured loan, United States bankruptcy court
Authors:
Alan Gover , Alan Rockwell , Eric L. Berg
Location:
USA
Firm:
White & Case
Serta’s ‘Uptiering’ Maneuvering Approved by U.S. Bankruptcy Court

Overview

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Shearman & Sterling LLP, United States bankruptcy court
Authors:
Kevin Heverin , Alan Rockwell , Fredric Sosnick
Location:
USA
Firm:
Shearman & Sterling LLP