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    Valuing collateral: do low-income housing tax credits count?
    2012-11-27

    In re Creekside Senior Apartments, LP, 477 B.R. 40 (6th Cir. B.A.P. 2012) –

    In valuing a bank claim secured by a low-income housing project for purposes of a plan of reorganization, should the remaining federal low‑income housing tax credits allocated to the project be taken into consideration?  In Creekside the bankruptcy court said yes, and the bankruptcy appellate panel agreed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Collateral (finance), Tax credit, Limited partnership
    Location:
    USA
    Firm:
    Troutman Pepper
    Marshaling assets: variation on a theme
    2012-10-23

    Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) –

    Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy farm.  The bank loan was secured by assets of the Enrights, and also guaranteed by Steven’s parents, with the parents’ guarantee secured by a mortgage on the dairy farm itself (which was owned by the parents).

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Troutman Pepper, Shareholder, Collateral (finance), Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Chapter 11 secured loans: “lien stripping” lives
    2012-08-21

    In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    Radlax: Supreme Court speaks on credit bidding
    2012-08-10

    RadLAX Gateway Health Co. v. Amalgamated Bank, __ U.S. __, 132 S. Ct. 2065, 182 L. Ed. 2d 967 (2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Credit (finance), Debtor, Collateral (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Spotlight on security documents: the landlord waiver
    2011-09-30

    Having enforceable security over all of a borrower’s assets is obviously of primary importance to a lender.  However, where a borrower occupies leased premises, ensuring the lender has quick and reliable access to the collateral is equally important, especially if the landlord proves to be unco-operative after a borrower’s default.  Although court-ordered access to a borrower’s leased premises can be sought after a borrower’s loan default, a landlord waiver obtained prior to an initial advance of a loan can bring some added certainty to the realization process outside of a bankrup

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Gowling WLG, Bankruptcy, Debtor, Collateral (finance), Landlord, Leasehold estate, Waiver, Consent, Personal property, Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Perfection of security interests when assets move jurisdictions
    2017-05-17

    When a financing statement is registered to perfect a security interest in collateral, it is the responsibility of the secured party to monitor the registration to ensure that a new financing statement is filed if the goods move jurisdictions. A recent decision by the Ontario Superior Court of Justice1 emphasizes this point.

    Facts

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Debtor, Collateral (finance), Secured creditor, Personal Property Security Act 1990 (Canada), Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    DLA Piper
    Limitations in use of purchase-money security interest in cross-collateralization
    2010-06-29

    A recent decision of the Alberta Queen’s Bench1 has raised some questions about purchase-money security interest (“PMSI”) proceeds and cross-collateralization of assets secured by these types of security interests. It has been suggested that this decision is unique and establishes that using a PMSI as collateral for other indebtedness of the debtor is dangerous. But is this decision really so radical?

    Facts:

    Filed under:
    Canada, Alberta, Asset Finance, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Collateral (finance), Waiver, Debt, Secured creditor, Personal Property Security Act 1990 (Canada), Royal Bank of Canada, KPMG, Trustee
    Authors:
    M. Sandra Appel
    Location:
    Canada
    Firm:
    DLA Piper
    Seventh Circuit holds real estate debtor cannot cram down undersecured lender with bonds
    2012-01-25

    The U.S. Court of Appeals for the Seventh Circuit affirmed a bankruptcy court’s dismissal of a single asset real estate case on Jan. 19, 2012, reasoning that the debtor’s proposed substitute collateral “was not the indubitable equivalent of the [undersecured lender’s] mortgage.”In re River East Plaza, LLC, 2012 WL 169760, *2 (7th Cir. Jan. 19, 2012) (Posner, J.). In the court’s words, the debtor “wanted [the lender] out of there and decided to seek confirmation of a [reorganization] plan . . .

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Collateral (finance), Default (finance), United States bankruptcy court, Seventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lehman Brothers debtors seek to establish procedures for assuming and assigning pre-petition derivatives contracts and settling termination payments
    2008-11-14

    Lehman Brothers Holdings Inc. and its affiliated debtors (collectively, the “Debtors”) filed a motion in the bankruptcy court on Nov. 13, 2008, asking the court to approve procedures for (i) assuming (affirming) and assigning derivative contracts entered into before the Debtors commenced their bankruptcy cases, including resolving cure amounts; and (ii) entering into settlement agreements that may establish termination payments and the return of collateral under terminated derivative contracts.

    Debtors’ Derivative Contracts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Collateral (finance), Consideration, Consent, Liquidation, Credit rating, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Bankruptcy court approves plan to liquidate CDO
    2012-01-19

    On Dec. 21, 2011, the U.S. Bankruptcy Court for the District of New Jersey approved a liquidation plan for collateralized-debt obligation issuer (“CDO”) Zais Investment Grade Limited VII (“ZING VII”). The plan incorporates a settlement between senior noteholders who had initiated the bankruptcy case by filing an involuntary petition against the CDO, and junior noteholders who were appealing the Bankruptcy Court’s April 26, 2011 order granting the involuntary petition.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Schulte Roth & Zabel LLP, Bankruptcy, Collateral (finance), Liquidation, Collateralized debt obligation, Mortgage-backed security, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , David J. Karp , Craig Stein
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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