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    Chapter 11 ruling calls into question basic tenets of securitization structures
    2009-05-29

    On May 14, 2009, Judge Allan Gropper of the US Bankruptcy Court, Southern District of New York, approved a US$400 million DIP financing package in the US$27 billion General Growth Properties, Inc. (“GGP”) Chapter 11 case. Judge Gropper’s ruling also included approval of GGP’s proposal to use cash flow generated by shopping centers, structured by GGP as bankruptcy remote, special purpose entities, to fund GGP’s ongoing central operations while in bankruptcy.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Bankruptcy, Debtor, Collateral (finance), Debt, Asset-backed security, Cashflow, Subsidiary, Commercial mortgage-backed security, Credit rating, Credit rating agency, United States bankruptcy court
    Authors:
    David Thatch , Scott Berger
    Location:
    USA
    Firm:
    White & Case LLP
    How to cut risk of dealing with a defaulting lender
    2008-10-08

    In the wake of recent bankruptcy filings by several prominent financial institutions, there’s a growing interest in changing standard credit documentation to address the risks of defaulting lenders and nonperforming administrative agents. Here are credit agreement provisions that financial institutions, acting as swingline lenders and letter of credit issuers, can require to protect themselves against the risk of a defaulting lender.

    Filed under:
    USA, Banking, Insolvency & Restructuring, White & Case LLP, Share (finance), Bankruptcy, Letter of credit, Credit (finance), Debtor, Collateral (finance), Interest, Margin (finance), Good faith, Refinancing, Default (finance), Line of credit, Pro rata
    Location:
    USA
    Firm:
    White & Case LLP
    Fifth Circuit emphasizes harm to other creditors as requirement for equitable subordination
    2008-07-14

    In a recent case,1 the Fifth Circuit emphasized its rule that a creditor's claim may be equitably subordinated to the claims of other creditors only to the extent necessary to offset the harm that the other creditors have suffered, based on specific findings and conclusions.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Shareholder, Debtor, Unsecured debt, Collateral (finance), Debt, Intangible asset, Default (finance), Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Landlord avoids Bankruptcy Code's limitation on lease termination damages
    2007-11-14

    The Bankruptcy Code limits the amount a landlord may recover from a bankrupt tenant for damages caused by the termination of a lease of real property. But what if the tenant trashes the landlord's property before turning over the premises? Does the damage limitation apply to the landlord's claim for the cost of cleaning up the mess?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White & Case LLP, Bankruptcy, Collateral (finance), Breach of contract, Landlord, Leasehold estate, Statute of limitations, Remand (court procedure), Causation (law), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case LLP
    Seventh Circuit disagrees with third on selling collateral without credit bidding in a cramdown: rule of Philly papers rejected
    2011-08-18

    The Bankruptcy Code provides that a Chapter 11 plan of reorganization may be confirmed over the opposition of a class of secured creditors whose secured claims are not being paid in full only if it provides one of the following1--

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Credit (finance), Collateral (finance), Dissenting opinion, Secured creditor, Secured loan, Title 11 of the US Code, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    It’s called "adequate" – not "automatic" – protection
    2013-09-12

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Collateral (finance), Legal burden of proof, Tax lien, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Junior noteholder gets “ZING’d” as Bankruptcy Court allows involuntary filing of CDO issuer by senior noteholder
    2011-10-31

    The Bottom Line:

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Liquidation, Collateralized debt obligation, Bank of New York Mellon, United States bankruptcy court, US District Court for District of New Jersey, Trustee
    Authors:
    Lauren Macksoud
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Seventh Circuit: failure to file proof of claim does not foreclose your rights
    2011-08-30

    The Bottom Line:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Budget, Debt, Mortgage loan, Foreclosure, Secured creditor, In rem jurisdiction, US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Enforceability of subordination provisions in synthetic CDOs — a Lehman perspective
    2010-02-03

    On January 25, 2010, the U.S. Bankruptcy Judge Peck struck down a provision that used the bankruptcy of Lehman Brothers Holdings, Inc. (“LBHI”) to trigger subordination of a Lehman subsidiary’s swap claim against a securitization vehicle in the United Kingdom.1

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Collateral (finance), Interest, Swap (finance), Deed, Default (finance), Collateralized debt obligation, Bankruptcy of Lehman Brothers, Bank of New York Mellon, Lehman Brothers, United States bankruptcy court
    Authors:
    Fabien Carruzzo
    Location:
    United Kingdom, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Preparing for the unthinkable: the collapse of another major dealer and practical risk mitigation strategies to take now
    2009-01-15

    The collapse of Lehman Brothers was a major test of the procedures developed by market participants to address counterparty credit risk and has uncovered deficiencies in risk management policies and their application.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Letter of credit, Collateral (finance), Swap (finance), Margin (finance), Hedge funds, Credit risk, Trader (finance), Mutual fund, Default (finance), Market value, Unsecured creditor, Bankruptcy of Lehman Brothers, Lehman Brothers
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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