The Fifth Circuit, on May 22, 2018, Renders Important Real Estate Lending Decision Regarding Golden Shares

Executive Summary

Filed under:
USA, Franchising, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, United States bankruptcy court, Fifth Circuit
Authors:
Lawrence Mittman , Geoffrey Raicht
Location:
USA
Firm:
Haynes and Boone LLP
9th Circuit Affirms “Per Plan” Approach to Interpret “Impaired Accepting Class” for Plan Confirmation Purposes Threatening Senior Mortgage Lender Protections in Common Real Estate Financing Structures: In re Transwest Resort Properties, Inc.

Context

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Debtor, Mortgage loan, Ninth Circuit, United States bankruptcy court
Authors:
Lawrence Mittman , Geoffrey Raicht
Location:
USA
Firm:
Haynes and Boone LLP
The Fifth Circuit is Asked to Consider the Validity of the “Golden Share”

As we described in our client alert dated September 14, 2016, in the aftermath of the real estate downturn from 1989 to 1993, when real estate mortgage lenders began to contemplate making new mortgage loans, they sought to create new legal structures to prevent their prospective borrowers from filing for Chapter 11, and to ameliorate the adverse consequences, if such a filing were to occur.

Filed under:
USA, Insolvency & Restructuring, Real Estate, Haynes and Boone LLP, Mortgage loan, United States bankruptcy court, Fifth Circuit
Authors:
Lawrence Mittman , Geoffrey Raicht
Location:
USA
Firm:
Haynes and Boone LLP
Movin’ on Up: Fifth Circuit is Asked to Consider the Validity of the “Golden Share”

In our client alert dated September 14, 2016, we discussed the decision of the United States Bankruptcy Court for the District of Delaware in In re Intervention Energy Holdings, LLC, which refused to invalidate a bankruptcy filing made without the consent of its lender who held a “Golden Share” as void against federal public policy.

Filed under:
USA, Mississippi, Insolvency & Restructuring, Haynes and Boone LLP, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware
Authors:
Lawrence Mittman , Geoffrey Raicht
Location:
USA
Firm:
Haynes and Boone LLP
Is the "Golden Share" Losing its Luster? Delaware Bankruptcy Court Denies Dismissal of Chapter 11 Petitions Not Authorized By Lender Holding "Golden Share"

I. Introduction

Filed under:
USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Haynes and Boone LLP
Authors:
Lawrence Mittman , Trevor Hoffmann , Geoffrey Raicht , James S. Han
Location:
USA
Firm:
Haynes and Boone LLP