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    Recent decisions on non-recourse carve-outs in CMBS loans
    2012-03-19

    Recent court decisions in the state of Michigan—Wells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Alston & Bird LLP, Surety, Debtor, Debt, Liability (financial accounting), Commercial mortgage-backed security, Wells Fargo
    Authors:
    Robert J. Sullivan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New bankruptcy proof of claim rules take effect
    2012-03-14

    As seen in the Spring 2012 issue of West Virginia Banker.

    In the wake of the national attention directed towards residential mortgages in the last few years, certain revisions were made to the Federal Rules of Bankruptcy Procedure to address perceived deficiencies in bankruptcy proofs of claim. The rule changes were first proposed in 2009 by the Judicial Conference of the United States and became effective December 1, 2011.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Mortgage loan, Power of attorney
    Authors:
    Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Creation of artificially impaired class to approve cram-down plan is not per se impermissible
    2012-03-15

    In re Village at Camp Bowie I, L.P., 454 B.R. 702 (Bankr. N.D. Texas, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Foreclosure, Good faith, Default (finance), Secured creditor, Title 11 of the US Code
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court finds indirect upstream owner exercised de facto control, warrants liability for WARN Act notice violation
    2012-03-15

    D’Amico, et al. v. Tweeter Opco, LLC and Schultze Asset Management, LLC (In re Tweeter Opco, LLC), 453 B.R. 534 (Bankr. D. Del. 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Worker Adjustment and Retraining Notification Act 1988 (USA)
    Authors:
    Jared S. Roach
    Location:
    USA
    Firm:
    Reed Smith LLP
    Successor liability – does it survive a Section 363(f) sale?
    2012-03-15

    This article was first published in The Bankruptcy Strategist

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor
    Authors:
    Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    Dirt-for-debt, or just dirt: Judge Carey's latest decision in All Land Investments, LLC
    2012-03-15

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Collateral (finance), Debt, Default (finance), Secured creditor, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case
    2012-03-15

    Inre Zais Investment Grade Limited VII, 455 B.R. 839 (2011)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Reed Smith LLP, Bankruptcy, Debtor, Security (finance), Collateralized debt obligation, Title 11 of the US Code
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Free-and-clear asset sales price must exceed outstanding debt to satisfy section 363(f)(3)
    2012-03-15

    In re Nance Properties, Inc., Case No. 11-06197- 8-JRL (Bankr. E.D.N.C. Nov. 8, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Debt, Secured creditor
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Corporate synergy among related debtors key to finding conferral of economic benefit in fraudulent transfer action
    2012-03-15

    Spicer v. Konjoyan (In re Renaissance Hospital, et al.), Adv. No. 10-04190-DML (Bankr. N.D. Texas, Nov. 1, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    The 7th Circuit considers the indubitable equivalent standard—again!
    2012-03-15

    On June 28, 2011, the Seventh Circuit Court of Appeals decided In re River Road Hotel Partners, LLC v. Amalgamated Bank, 651 F. 3d 642 (7th Cir. 2011). The Court addressed Section 1129 (b)(2)(A) of the United States Bankruptcy Code in connection with a Plan of Reorganization to sell substantially all of the Debtor's assets. The Court held that the indubitable equivalent prong, (i.e., the "cram down" provisions of section 1129(b)(2)(A)(iii)) could not be used to preclude a secured creditor from credit bidding its claim under sections 363(k) and 1129(b)(2)(A)(ii) of the Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Debtor, Collateral (finance), Foreclosure, Fifth Circuit, Third Circuit, Seventh Circuit
    Authors:
    Peter C. Blain
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC

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