Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Securitized loan payments safe harbored under section 546(e)
    2015-05-14

    The U.S. Bankruptcy Court for the Northern District of Illinois recently held in Krol v.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Safe harbor (law), United States bankruptcy court
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Safe harbors and securitizations: loan payments in connection with a commercial mortgage-backed securitization protected from clawback under the U.S. Bankruptcy Code safe harbors
    2015-05-14

    Krol v. Key Bank National Association, et al. (In re MCK Millenium Centre Parking, LLC), Adv. No. 14-00392 (N.D. Ill. Apr. 24, 2015)

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Reed Smith LLP, Debtor, Commercial mortgage-backed security, Mortgage-backed security
    Authors:
    Sarah K. Kam , Paul B. Turner
    Location:
    USA
    Firm:
    Reed Smith LLP
    RadioShack – Bankruptcy Court implicitly recognizes enforceability of agreement among lenders but limits coverage of first out contingent indemnification claims
    2015-05-08

    The unitranche financing market has expanded significantly in recent years. Generally, a unitranche deal involves two lenders (or groups of lenders) that provide financing on a “first out” and “last out” basis. In conjunction with the financing, the borrower grants one lien and enters into a single credit agreement and the lenders enter into an “Agreement Among Lenders” (“AAL”). An AAL is similar to an intercreditor agreement and provides for certain rights and remedies of the lenders.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Debtor, United States bankruptcy court
    Authors:
    Jennifer St. John Yount , Leslie A. Plaskon , Andrew V. Tenzer , Katherine E. Bell , Jennifer B. Hildebrandt
    Location:
    USA
    Firm:
    Paul Hastings LLP
    Oak Rock Financial District Court addresses the applicable legal standard for true participation agreements
    2015-05-11

    © 2015 Hunton & Williams LLP 1 May 2015 Oak Rock Financial District Court Addresses the Applicable Legal Standard for True Participation Agreements The United States District Court for the Eastern District of New York recently applied two tests, the True Participation Test and the Disguised Loan Test, to determine whether agreements were true participation agreements or disguised loans.1 In addition, the District Court noted that the most important question in such a determination is the risk of loss allocation in the transaction, and that if an alleged participant is not subject to the

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Plan confirmation feasibility: “I know it when I see it”?
    2015-05-05

    In re Brandywine Towhouses, Inc., 524 B.R. 889 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court holds bankruptcy court’s denial of confirmation of proposed plan not final, appealable order
    2015-05-04

    In an opinion issued today, the Supreme Court held that debtors do not have the right to immediately appeal a bankruptcy court’s decision denying confirmation of a proposed reorganization plan. This decision resolves a circuit split, and confirms the balance of power between debtors and creditors in the plan confirmation process. As the Supreme Court explained, “the knowledge that [a debtor] will have no guaranteed appeal from a denial should encourage the debtor to work with creditors and the trustee to develop a confirmable plan as promptly as possible.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Debtor, Supreme Court of the United States, United States bankruptcy court, First Circuit
    Authors:
    Elisa J. Lintemuth
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Foreclosure sales: when is the “deed” done?
    2015-04-29

    In re Betchan, 524 B.R. 830 (Bankr. E.D. Wash. 2015) –

    A mortgagee was the highest bidder at a foreclosure sale that took place shortly before the debtor filed bankruptcy.  The lender requested relief from the automatic stay in order to evict the debtor on the basis that transfer of the property was completed prepetition so that it was not part of the debtor’s bankruptcy estate.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Foreclosure, Deed, Deed of trust (real estate)
    Location:
    USA
    Firm:
    Troutman Pepper
    US SDNY Bankruptcy Court finds bank violated automatic stay by placing administrative freeze on debtor’s bank account
    2015-04-21

    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.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, ArentFox Schiff, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    George P. Angelich , Manuel G. Arreaza
    Location:
    USA
    Firm:
    ArentFox Schiff
    Eleventh Circuit throws out FDCPA complaint on grounds of judicial estoppel
    2015-04-03

    On March 31, U.S. Court of Appeals in the 11th Circuit concluded that the district court properly dismissed plaintiff’s FDCPA complaint, using the concept of judicial estoppel.   Ward v. AMS Servicing, LLC, 2015 WL 1432982 (11th Cir. Mar.31, 2015). In this case, the court addressed whether the Defendant was incorrect in charging the Plaintiff a monthly mortgage amount agreed to in a consent order, rather than the amount stipulated in the Note.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Estoppel, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Appeals: try, try again – if you can get your foot in the door you may succeed
    2015-04-01

    Rev Op Group v. ML Manager LLC (In re Mortgages Ltd.), 771 F.3d 623 (9th Cir. 2014) –

    Under the terms of a debtor’s confirmed plan of reorganization, an entity (ML Manager) was designated to manage the debtor’s portfolio of mortgage loans.  The issue in this appeal was whether ML Manager was authorized to act as an agent for pass-through investors in selling loans over the objection of some of the investors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 327
    • Page 328
    • Page 329
    • Page 330
    • Current page 331
    • Page 332
    • Page 333
    • Page 334
    • Page 335
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days