“Silent second lender’s” efforts to seek the appointment of an examiner are sidelined by its prepetition waiver

Introduction

The recent decision in the case of In re Erickson Retirement Communities, LLC, 425 B.R. 309 (Bankr. N.D. Tex. 2010) provides ammunition for those opposing the appointment of an examiner in a debtor’s Chapter 11 case and a cautionary tale for lenders entering into subordination agreements.

Filed under:
USA, Michigan, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Unsecured debt, Fraud, Waiver, Interest, Debt, Consent, Standing (law), Liquidation, US Code, Title 11 of the US Code, United States bankruptcy court
Authors:
Meghan S. Towers
Location:
USA
Firm:
Chadbourne & Parke LLP