A Reminder That a 9019 Motion Is Not a Slam Dunk: Bankruptcy Court Denies 9019 Motion After Determining That Approving Certain Findings Required By Settlement Would Amount to Inappropriate Advisory Opinion

Introduction

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
Authors:
Ronit J. Berkovich , Ryan C. Rolston
Location:
USA
Firm:
Weil Gotshal & Manges LLP
No Setoff Here: Third Circuit Resolves Triangular Setoff Debate Once and for All

Introduction

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Authors:
Matt Barr , Ryan C. Rolston
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Tenth Circuit BAP Decision Authorizes Claim for Postpetition Interest Under 506(b): Read the Fine Print!

In a recent decision, Twiford Enters. v. Rolling Hills Bank & Trust (In re Twiford Enters.), 2020 Bankr. LEXIS 2964, 2020 WL 6075691 (10th Cir. BAP 2020), the Tenth Circuit Bankruptcy Appellate Panel affirmed the lower court’s decision awarding postpetition interest pursuant to section 506(b). The disputed issue was whether a reference in the variable rate promissory notes to an internal rate index maintained by the bank was sufficiently clear and specific to support a claim for postpetition interest. The court held that it was.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Authors:
Jacqueline Marcus , Ryan C. Rolston
Location:
USA
Firm:
Weil Gotshal & Manges LLP
No Setoff Here: Third Circuit Resolves Triangular Setoff Debate Once and for All

Introduction

Filed under:
USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Authors:
Matt Barr , Ryan C. Rolston
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Tenth Circuit BAP Decision Authorizes Claim for Postpetition Interest Under 506(b): Read the Fine Print!

In a recent decision, Twiford Enters. v. Rolling Hills Bank & Trust (In re Twiford Enters.), 2020 Bankr. LEXIS 2964, 2020 WL 6075691 (10th Cir. BAP 2020), the Tenth Circuit Bankruptcy Appellate Panel affirmed the lower court’s decision awarding postpetition interest pursuant to section 506(b). The disputed issue was whether a reference in the variable rate promissory notes to an internal rate index maintained by the bank was sufficiently clear and specific to support a claim for postpetition interest. The court held that it was.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Authors:
Jacqueline Marcus , Ryan C. Rolston
Location:
USA
Firm:
Weil Gotshal & Manges LLP