Last week, the United States District Court for the District of Delaware (the “Court”) reversed a 2015 decision by the Delaware Bankruptcy Court (the “Bankruptcy Court”) disallowing the portion of an unsecured claim filed by appellant Wilmington Trust Company (“WTC”) for postpetition attorneys’ fees and costs incurred under an indenture in connection with the In re Tribune Media Co. chapter 11 cases.

Indenture trustees and agents participate in the administration of chapter 11 cases in a number of ways, including by protecting holders’ rights, ensuring compliance with the applicable indenture and other agreements, and fulfilling their duties and responsibilities under applicable law.

On appeal from a decision in the In re Energy Future Holdings Corp. bankruptcy case, the US Court of Appeals for the Third Circuit recently held that contractual make-whole premium provisions are enforceable where the obligation to repay bond debt is accelerated by a bankruptcy filing.

The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed. The Supreme Court’s decision implicates practical considerations within the bankruptcy process and the appropriate balance between the bargaining power of debtors and creditors.

Case Summary

On May 4, 2015, the United States Supreme Court unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed. The Supreme Court’s decision implicates practical considerations within the bankruptcy process and the appropriate balance between the bargaining power of debtors and creditors

Case Summary

Chief Judge Cecelia G. Morris of the Bankruptcy Court for the Southern District of New York decided that banks may not place an administrative freeze, even a temporary one, on the bank account of an individual who files for bankruptcy.

The Third Circuit Rules in Favor of the Bankruptcy Estate Creating a Further Circuit Split

Skyrocketing college tuition costs are leaving consumers with greater student-loan debt, while bankruptcy code gives little protection to those struggling under it. Billionaire investor and entrepreneur Mark Cuban says “rising student loan debt is crushing the U.S. economy, preventing recent graduates from buying the things that normally stimulate the economy,” according to a recent Consumer Affairs article.

11/13/13: “Goal for CFPB chief: Calming conflict on car loans”

At the end of the day, what really drives lender decisions with regard to addressing problem loan modifications, workouts, and restructuring issues revolves around the impact of those decisions on the financial statements condition of the institution.

Likewise, the regulatory and accounting treatment behind those decisions tends to dictate policy and procedure for the CRE lending and workout areas of the bank.