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    House passes bankruptcy cramdown legislation: significant upheaval in mortgage foreclosure rights
    2009-03-06

    For the first time, individuals filing for bankruptcy protection may soon be able to reduce principal and interest on home mortgage obligations and prevent enforcement of certain mortgages even after entry of a foreclosure judgment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jorden Burt LLP, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, Secured loan, Mortgage Bankers Association, Truth in Lending Act 1968 (USA), United States bankruptcy court
    Authors:
    Elizabeth Bohn
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Ford announces debt restructuring initiatives
    2009-03-06

    On Wednesday, Ford Motor Co.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Wage, Credit (finance), Interest, Beneficiary, Debt, Adoption, Bail, Debt restructuring, Ford Motor Company, United Automobile Workers, General Motors, Chrysler, Chief executive officer
    Authors:
    Tara Castillo
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Pennsylvania Supreme Court determines that payments made in the ordinary course of business do not constitute voidable preferences under insurer insolvency statute
    2009-03-04

    On February 23, 2009, the Supreme Court of Pennsylvania issued a decision finding that payments made by a failed Pennsylvania insurance company in the ordinary course of business are not recoverable by the statutory liquidator of the insolvent insurer because the payments were not on account of an "antecedent debt" as that term is used in the voidable preference provision of Pennsylvania's Insurance Act.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Dinsmore & Shohl LLP, Debtor, Debt, Liquidation, Liquidator (law), Insurance commissioner, Pennsylvania Supreme Court
    Authors:
    Stephen G. Schweller
    Location:
    USA
    Firm:
    Dinsmore & Shohl 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
    Commingling of identities held insufficient to pierce corporate veil
    2009-03-20

    The United States Bankruptcy Court for the Middle District of Pennsylvania recently found that a bankruptcy trustee could not either pierce the corporate veil of a limited liability company to reach the owners of the LLC, nor could the trustee “reverse-pierce” the corporate veil of the owners of the LLC to reach a separate restaurant business that they owned.

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Credit card, Bankruptcy, Fraud, Limited liability company, Debt, Westlaw, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Delaware bankruptcy court overrules objection of lone dissenting syndicate lender to collateral agent's credit bid
    2009-04-09

    One of the key protections afforded to secured creditors under the Bankruptcy Code is the right of a holder of a secured claim to credit bid the allowed amount of its claim as part of a sale process under section 363 of the Bankruptcy Code. Specifically, section 363(k) of the Bankruptcy Code provides that:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Waiver, Debt, Secured loan, Constitutional amendment, United States bankruptcy court
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    Charter Communications files for Chapter 11 protection
    2009-04-03

    Fulfilling the terms of an agreement reached with bondholders in February, Charter Communications submitted a petition for Chapter 11 protection last Friday to the U.S. Bankruptcy Court for the Southern District of New York. The bankruptcy petition would restructure a portion of the debt owed by St. Louis-based Charter, the nation’s fourth largest cable operator with more than 5.5 million subscribers. At the end of last year, Charter listed total debt obligations of $21.7 billion with annual interest costs approaching $2 billion.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Media & Entertainment, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Bankruptcy, Interest, Debt, Entrepreneurship, Subscription business model, Microsoft, United States bankruptcy court
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Weathering the storm: bankruptcy - pay attention from the start because things happen fast
    2009-04-01

    When a company files bankruptcy, it is crucial to closely monitor the bankruptcy proceedings from the beginning. After filing its petition, the debtor will likely file numerous “first day motions” intended to stabilize the Debtor’s business and facilitate an efficient case administration. These motions can severely affect the rights of unwary creditors who may find their interests primed by the actions of the debtor in the first few days of the case.

    Filed under:
    USA, Insolvency & Restructuring, Haynes and Boone LLP, Wage, Bankruptcy, Debtor, Collateral (finance), Breach of contract, Debt, Default (finance), Secured loan, Trustee
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Delaware Bankruptcy Court decision in SemCrude prohibits triangular setoff in absence of safe harbor
    2009-03-31

    Earlier this year, the United States Bankruptcy Court for the District of Delaware ruled that a nondebtor cannot effect a “triangular” setoff of the amounts owed between it and three affiliated debtors, even if the parties had entered into pre-petition contracts that expressly contemplated multiparty setoff.1 In reaching its decision, the Court relied principally on the plain language of section 553(a) of the United States Bankruptcy Code, which limits setoff to “mutual” obligations — i.e., direct obligations between a single obligor and obligee.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Safe harbor (law), Debt, Limited partnership, Precondition, Subsidiary, Chevron Corporation, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy considerations: look before you leap
    2009-04-20

    As if buying distressed debt is not challenging enough given the underlying business considerations, the possible, and perhaps likely, bankruptcy filing of your soon-to-be borrower presents a maze of issues the note purchaser should consider before acquiring the debt.

    1. Know Your Seller

    Filed under:
    USA, Banking, Insolvency & Restructuring, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Surety, Debtor, Breach of contract, Waiver, Misconduct, Debt, Mortgage loan, Foreclosure, Liability (financial accounting), Distressed securities
    Authors:
    Jerry L. Hall , Patrick J. Potter
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP

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