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    New York court follows Third Circuit on valuation
    2008-01-31

    A federal bankruptcy court in New York has concluded that the market price of a company’s stock is the most reliable valuation to determine whether disputed transfers were avoidable. In re Iridium Operating LLC (Statutory Committee of Unsecured Creditors of Iridium v. Motorola, Inc.), 373 B.R. 283 (Bankr. S.D.N.Y., Aug. 31, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Public company, Bankruptcy, Security (finance), Federal Reporter, Debt, Cashflow, Valuation (finance), Leverage (finance), Discounted cash flow, Motorola, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Reed Smith LLP
    Health care institutions headed for and in chapter 11 state
    2008-01-31

    Editor’s note: Success in the restructuring and insolvency arena requires more than an understanding of the law—it requires the ability to address issues specific to a debtor’s industry and business. Below, two Reed Smith partners with extensive experience representing health care institutions and creditors discuss issues unique to hospitals facing financial distress.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Reed Smith LLP, Medicaid, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Collateral (finance), Accounts receivable, Debt, Collective bargaining agreements, Cashflow, Malpractice
    Location:
    USA
    Firm:
    Reed Smith LLP
    Bankruptcy lease issues: courts use two approaches
    2008-01-16

    Lease Payments. It is not uncommon for a retailer with financial problems to be past due on lease payments. Filing for bankruptcy often gives a debtor “breathing room” to evaluate its financial condition, including profitability (or not) of non-residential real-property leases. Depending on the applicable law, this “breathing room” may also free up some cash flow for the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Foley & Lardner LLP, Bankruptcy, Conflict of laws, Retail, Debtor, Landlord, Leasehold estate, Cashflow, US Congress, US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Identifying and dealing with a financially troubled franchisee
    2008-04-18

    Part I: Spotting a Financially Troubled Franchisee in Time to Do Something about It

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Wiley Rein LLP, Royalty payment, Bankruptcy, Collateral (finance), Accounts receivable, Option (finance), Franchise agreement, Cashflow, Default (finance), Leverage (finance)
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Financial impact of CRE loan workouts and restructurings
    2008-09-25

    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.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bricker & Eckler LLP, Contractual term, Debtor, Collateral (finance), Debt, Portfolio (finance), Cashflow, Debt restructuring
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Crisis for some; opportunity for others
    2008-11-11

    While the current outlook may be grim for the economy at large, the prospects of individual companies vary significantly, and some companies will continue to perform well despite the larger trends. For example, the designer retailer’s loss may become Walmart’s gain as consumers shop more closely for bargains. As the car manufacturers frequently say, “your mileage may vary.”

    Filed under:
    USA, Insolvency & Restructuring, Foley & Lardner LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Safe harbor (law), Accounts receivable, Interest, Market liquidity, Liquidation, Balance sheet, Cashflow, Debtor in possession, Credit crunch, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Bankruptcy court holds inadequate consideration exclusion bars coverage
    2008-12-16

    A federal bankruptcy court, applying New York law, has dismissed an adversary proceeding brought by a bankrupt home mortgage company against its directors and officers liability insurers, holding that coverage for a pre-petition lawsuit against the mortgage company was barred by application of an “inadequate consideration” exclusion. Delta Fin. Corp. v. Westchester Surplus Lines Ins. Co., Case No. 07-11880 (CSS) (Jointly Administered) (Bankr. D. Del. Dec. 15, 2008). The court also held that the coverage dispute was a non-core proceeding.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Unsecured debt, Waiver, Consideration, Mortgage loan, Fair market value, Holding company, Cashflow, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Recent circuit court equitable subordination decisions emphasize requirement that misconduct result in actual harm to other parties
    2009-01-30

    In recent opinions, the United States Courts of Appeals for the Fifth and Seventh Circuits have revisited the doctrine of equitable subordination and have underscored the requirement that, before a court can equitably subordinate a creditor’s claim, the court must find that other creditors have been harmed by the actions of the creditor. Importantly, both decisions stress that equitable subordination is meant to be remedial and not punitive, and may not be imposed merely because a creditor has engaged in misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Punitive damages, Bankruptcy, Surety, Debtor, Breach of contract, Fiduciary, Board of directors, Debt, Cashflow, Unsecured creditor, Trustee, United States bankruptcy court, Fifth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    GM auditor opinion expresses doubts about "going concern"
    2009-03-07

    On Thursday, General Motors Corporation (GM) filed its Annual Report on Form 10-K with the Securities and Exchange Commission which notably included an opinion of its auditors on its financial statements in which the auditors stated that GM’s “recurring losses from operations, stockholders’ deficit, and inabili

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Audit, Cashflow, Form 10-K, Subsidiary, US Securities and Exchange Commission, European Commission, US Congress, General Motors, Chrysler
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Montana Bankruptcy Court subordinates $375 million Credit Suisse loan in Yellowstone Club Chapter 11
    2009-05-18

    Yellowstone Mountain Club LLC (Yellowstone Club) developed land near Yellowstone National Park in Montana as a high-end residential development with a private ski and golf club.

    The development of Yellowstone Club didn’t progress as promptly or as smoothly as projected. Memberships ended up being sold at substantially discounted prices.

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Shareholder, Interest, Debt, Due diligence, Cashflow, Broadcast syndication, Credit Suisse, United States bankruptcy court
    Authors:
    David M. Whittaker
    Location:
    USA
    Firm:
    Bricker & Eckler LLP

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