We know you’ve been spending a lot of time trying to figure out how to translate “Absolute Priority Rule,” “Equitable Mootness,” and “Make-Wholes” (not to mention “Cramdown”) into Halloween costumes, so you may have missed out on some of the entries the Weil Bankruptcy Blog has posted over the past six weeks. For our treats to you, we are handing out these entries in convenient (Count Dracula) bite-sized servings. You can indulge a little today, and we will have more for you next week.
We hope you are emerging from your sugar coma and ready for some easy to digest morsels of the Weil Bankruptcy Blog. With this entry, we summarize the blog entries from the second half of October.
In a Twist, Court Finds That Junior Stakeholders Violated Their Implied Duties Under an Indenture
When an executive and a company enter into a lucrative severance package, those benefits aren’t necessarily ironclad.
As we covered in this June 2014 post, when a company declares bankruptcy, its trustee can ask the court to allow the company to avoid its executives’ severance rights.
Husky International Electronics, Inc. v. Ritz, No. 15-145
For those readers who have a sophisticated understanding of bankruptcy law, the holdings of Jester v. Wells Fargo Bank, N.A. (In re Jester) will not be surprising.
The Caesars’ bankruptcy case has garnered a great deal of attention throughout the year and has yielded a number of interesting and important opinions. The latest opinion of significance was issued on October 6, 2015 by the District Court for the Northern District of Illinois.
arnoldporter.com PIECES OF THE PUZZLE A Newsletter from Arnold & Porter’s Private Client Services Team Bankruptcy 101 for Investors: Acquiring a Debtor’s Assets in a Bankruptcy Case By Lisa Hill Fenning The first article in this series discussed the immediate impact of a bankruptcy filing on investors and creditors, including the scope of the automatic stay and early case events. This article focuses upon the disposition of a debtor’s assets and business as the result of a bankruptcy filing: how and when the assets or business may be sold, and what to do if you want to buy them.
Last week’s decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303 may be dismissed for bad faith. The decision places another hurdle for creditors to surmount when considering whether to put a debtor in bankruptcy and creates another means for debtors to oppose such filings. It also enumerates the standard for evaluating whether a filing is in bad faith.
When a bankruptcy case is dismissed for cause pursuant to section 1112(b) of the Bankruptcy Code, the effect of the dismissal on orders entered during the case is not always clear. A recent District of Delaware decision,
Lenders make secured loans expecting to recover the collateral in the event of a default. The collateral is sold to satisfy the debt. Experienced secured lenders understand that the automatic stay in bankruptcy stops recovery of collateral recovery without permission of the court. However, many secured lenders do not understand rights related to the statement of intention every debtor is required to send to each secured creditor.