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    Subordination and waiver of claims between creditors in Chapter 11
    2007-07-26

    While investors and lenders brace for the next wave of chapter 11 filings, those who are parties to intercreditor agreements need to take stock on how their relationship with their fellow creditors and the borrower may be impacted by a bankruptcy filing by the borrower. If the borrower is in financial extremes, the primary lender who is secured by all the business assets may be unwilling or unable to extend additional credit to the troubled borrower.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Waiver, Debt, Maturity (finance), United States bankruptcy court, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Proofs of claim and objections - tricks of the trade revisited
    2009-11-20

    Filing a successful proof of claim is the key to unlocking a creditor's right to recover against a debtor in bankruptcy. Only in limited circumstances may a creditor recover against the debtor's estate without properly filing a proof of claim. This article addresses the various stages of filing, attacking and defending a proof of claim.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Wage, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Legal burden of proof, Prima facie, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Financial restructuring of mass media properties
    2009-08-01

    In the last several months, a number of major mass media companies have filed for chapter 11 relief, including Ion Media Networks, Sun-Times Media Group, Tribune Company, Young Broadcasting and NV Broadcasting. With the economy still struggling to recover, and asset values continuing to decline, commentators speculate that even more mass media related bankruptcies are on the horizon. Certain aspects of a mass media bankruptcy present unique challenges for the various stakeholders due to the special regulatory requirements involved.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Wiley Rein LLP, Bankruptcy, Letter of credit, Surety, Debtor, Collateral (finance), Discrimination, Interest, Broadcasting, Secured creditor, Title 11 of the US Code, Federal Communications Commission (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Surviving the aircraft financial pandemic
    2009-07-28

    There are signs of hope in the aviation marketplace, with the slow return of financing and the apparent bottoming-out of aircraft values. Buying opportunities abound-but so do risks; and no situation is more frustrating than finding yourself "infected" by someone else's bankruptcy. Even if the market has reached its nadir, there are many companies that are simply not going to survive much longer in the market as it has been redefined.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Letter of credit, Collateral (finance), Breach of contract, Interest, Fair market value, Unsecured creditor, US Securities and Exchange Commission
    Authors:
    Alexander M. Laughlin
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Chapter 11 permits cramdown of existing loans
    2009-03-27

    As a result of the meltdown of the financial markets, lenders are severely constricting new credit facilities and refusing to renew expiring facilities. The Bankruptcy Code's chapter 11 provides a powerful mechanism for an otherwise viable business to restructure and extend its outstanding debt and in many cases, reduce interest rates on loan facilities.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Discrimination, Interest, Option (finance), Debt, Line of credit, Secured loan, United States bankruptcy court
    Authors:
    Dylan G. Trache , H. Jason Gold
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Liquidation of troubled businesses
    2009-03-06

    Liquidations of struggling enterprises can take several forms. While many people are familiar with the concept of a "bankruptcy liquidation," the structure of a liquidation in bankruptcy may vary depending upon the specific type of case. Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common. This article provides a synopsis of some of the various types of liquidations.

    Chapter 11 Liquidations

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Collateral (finance), Liquidation, Balance sheet, Liquidator (law), Secured loan, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Chapter 11 permits modification and extension of loans without consent of the lender
    2009-01-09

    As a result of the meltdown of the financial markets, lenders are severely constricting new credit facilities and refusing to renew expiring facilities. The Bankruptcy Code's chapter 11 provides a powerful mechanism for an otherwise viable business to restructure and extend its outstanding debt and in many cases, reduce interest rates on loan facilities.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Discrimination, Interest, Debt, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    District Court holds that untimely objection waives Fifth Amendment objection in coverage dispute
    2008-08-11

    The United States District Court for the Western District of Pennsylvania dismissed an appeal of an order in Federal Insurance Co. v. Le-Nature's, Inc., 380 B.R. 747 (Bankr. W.D. Pa. 2008), in which the bankruptcy court granted the insurer's motion to compel discovery and ruled that the defendant waived all of his discovery objections, including objections based upon the Fifth Amendment's protection against self-incrimination, for failing timely to assert them. Federal Ins. Co. v. Le-Nature's, Inc., Civil Action No. 08-269 (W.D. Pa. July 25, 2008).

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Collateral (finance), Waiver, Discovery, Motion to compel, Fifth Amendment, United States bankruptcy court, Third Circuit, US District Court for Western District of Pennsylvania
    Location:
    USA
    Firm:
    Wiley Rein 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
    Business debt restructuring still available through Chapter 11
    2008-03-21

    Recent news reports have focused on the problems of the financial markets on the one hand and consumer mortgage problems on the other. While Congress may yet grant authority to bankruptcy judges to modify home loans, modification of business loan facilities of all sizes remains available as a powerful and fundamental tool to be used in a business financial restructuring.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Discrimination, Interest, Mortgage loan, Good faith, Secured creditor, Debt restructuring, Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP

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