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    Granite Re entitled to pre- and post-judgment interest in bankruptcy action
    2011-03-10

    Following a $9 million judgment in its favor, Granite Re was further awarded pre- and post-judgment interest on that judgment. Granite Re filed a proof of claim in Acceptance Insurance’s bankruptcy action for the amount of $10.9 million, the balance of the premium due under a reinsurance contract plus interest. Acceptance disputed the claim, arguing it no longer needed reinsurance, and filed a separate adversary proceeding against Granite Re alleging unjust enrichment. The Eighth Circuit’s Bankruptcy Appellate Panel reversed the bankruptcy court’s ruling in favor of Acceptance.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Interest, Reinsurance, Unjust enrichment, Precondition, Unilateralism, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    John Black
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Still in the minority, 9th Circuit BAP holds that creditors may seek adequate protection retroactively
    2011-03-22

    People’s Capital and Leasing Corp. v. BIG3D, Inc. (In re BIG3D, Inc.), 438 B.R. 214 (9th Cir. BAP 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Asset Finance, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Collateral (finance), Breach of contract, Ex post facto law, Bright-line rule, Secured creditor, Secured loan, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Replacement lien in rents in favor of secured creditor is not adequate protection where the debtor has no equity cushion
    2011-03-22

    In re Buttermilk Towne Center, LLC, No. 10-8036, 2010 Bankr. LEXIS 4563 (B.A.P. 6th Cir. Dec. 23, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Leasehold estate, Interest, Limited liability company, Debt, Mortgage loan, Default (finance), Secured creditor, Bénéfice, Municipal bond, Bankruptcy Appellate Panel
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Sixth Circuit denies claim to avoid mortgage based on allegedly defective certificates of acknowledgement
    2011-04-18

    In Hardesty v. CitiFinancial, Inc.,1 the Sixth Circuit affirmed the bankruptcy court’s denial of the trustee’s request to avoid the debtors’ mortgages with the creditor based on allegedly defective certificates of acknowledgement in the mortgage documents under Ohio law.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Mortgage loan, Legal burden of proof, Good faith, Capital punishment, Trustee, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Replacement lien does not provide adequate protection
    2011-04-25

    Reversing the bankruptcy court, a Sixth Circuit Bankruptcy Appellate Panel held that a debtor in a single asset real estate case did not provide adequate protection to a creditor by providing replacement liens in the rents where there was no equity cushion.4 The notion that granting the lender a lien on future rents to replace the expenditure of prior months' rents was rejected. Accordingly, the appellate panel held that the debtor could not use rents collected post-petition to pay ordinary administrative expenses, such as fees of its professionals.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Herrick Feinstein LLP, Wage, Debtor, Collateral (finance), Consent, Mortgage loan, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Bankruptcy dismissed: debtor's operating agreement bars a bankruptcy filing
    2011-04-25

    It is commonly known that a borrower's agreement with a third party not to file a bankruptcy case is unenforceable due to public policy considerations. Accordingly, lenders have searched for ways to make it difficult or painful for their borrowers to file for bankruptcy, such as imposing the requirement that prior authorization of an independent director or member be a prerequisite to a bankruptcy filing by the borrower, or requiring the borrower's principal to execute a non-recourse carve-out guaranty that would impose personal liability should the borrower file for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Bankruptcy, Debtor, Limited liability company, Adoption, Condominium, Coercion, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    The opera ain’t over…denial of plan confirmation held not appealable as a “final order”
    2015-05-05

    People are generally familiar with the concept that a party’s right to appeal applies to those orders that are “final.” A “final” order is one that resolves or disposes of the disputes between the parties. While an interlocutory order may be appealable at the discretion of the appellate court, the aggrieved party has no absolute right to appeal an order that is not “final.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy Appellate Panel
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    9th Circ. panel bolsters trustees’ reach-back powers
    2015-04-07

    Editor’s note: this post originally appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Statute of limitations, Trustee, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Proceeds from insurance settlement outside the scope of Article 9
    2015-03-31

    The Bankruptcy Appellate Panel for the First Circuit recently held that a creditor holding a perfected security interest in accounts and payment intangibles did not have a perfected security interest in the proceeds of an insurance settlement. In re Montreal, Maine & Atlantic Ry., Ltd., 521 B.R. 703 (B.A.P. 1st Cir. 2014). In this case, the creditor had extended a line of credit to the borrower, which it secured by a security interest in all the borrower’s accounts and payment intangibles. The creditor filed a financing statement to perfect its security interest.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Spencer Fane LLP, Debtor, Bankruptcy Appellate Panel, First Circuit
    Authors:
    Andrea Chase
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Ninth Circuit BAP: cramdown, denied.
    2015-03-03

    If cramdown failures are par for the course, why are we all so fascinated with them? One thing is certain: they always provide a good teaching moment for practitioners. Marlow Manor’s chapter 11 single asset real estate case is no different.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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