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    Distressed hotel properties – five take aways
    2009-12-15

    There are hundreds of hotel properties in special servicing or foreclosure and even more that are on the brink. When dealing with a distressed hotel property, there are several issues and opportunities to consider.

    Receivership

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Security (finance), Brand, Debt, Mortgage loan, Foreclosure, Deed, Franchise agreement, Default (finance), Commercial mortgage-backed security
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Potential benefit to unsecured creditors from the Worker, Homeownership, and Business Assistance Act of 2009
    2009-12-28

    There is something for everyone in the suitably named Worker, Homeownership, and Business Assistance Act of 2009–including potential recoveries for unsecured creditors of a debtor reorganizing or liquidating pursuant to the United States Bankruptcy Code.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Tax, Lowenstein Sandler LLP, Debtor, Unsecured debt, Interest, Taxable income, Debt, Liquidation, Tax return (USA), Troubled Asset Relief Program, Internal Revenue Service (USA), Title 11 of the US Code
    Authors:
    John L. Berger , Sharon L. Levine , Cassandra M. Porter
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Revisions to Bankruptcy Rule 2019 will discourage active involvement in US bankruptcy cases
    2009-12-23

    Bankruptcy Rule 2019, an often ignored procedural rule in U.S. bankruptcies, has returned to the public eye with a vengeance in light of a recent ruling by the influential Bankruptcy Court for the District of Delaware¹ and controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (the “Rules Committee”). The amendments will be the subject of a public hearing held in New York City on February 5, 2010.²

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Fiduciary, Interest, Collective actions, Distressed securities, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jon Kibbe
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Swap termination and the subordination of termination payments in the Lehman bankruptcy
    2009-12-22

    Lehman Brothers Holdings Inc.’s September 15, 2008 bankruptcy was an event of default under thousands of derivatives contracts to which a Lehman entity was a party and for which Lehman Brothers Holdings was the guarantor. This default entitled the vast majority of Lehman’s counterparties to terminate these contracts, and almost all were terminated.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Bankruptcy, Surety, Debtor, Swap (finance), Credit risk, Liquidation, Default (finance), Collateralized debt obligation, Subsidiary, Credit default swap, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian V. Otero , J. R. Smith , Robert J. Hahn , Stephen R. Blacklocks
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Weathering the storm: insurance coverage and insolvency: maximizing recovery in bankruptcy
    2009-12-22

    As we count down the days until the New Year, we are reminded of the momentous year we will leave behind us on December 31. While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. In 2009, General Motors, CIT, Chrysler, and Thornburg Mortgage filed four of the ten largest corporate bankruptcies in U.S. history. Equally notable are the number of corporate filings made in 2009.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Haynes and Boone LLP, Bankruptcy, Debtor, Breach of contract, Commercial property, Fiduciary, Interest, Debt, Credit risk, Mortgage loan, Liquidation, Liability insurance, Default (finance), General Motors, Trustee
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Pension plan termination premium claims may not be dischargeable in bankruptcy
    2009-12-21

    The Supreme Court declines to review a circuit court decision in Oneida Ltd., which held that a debtor cannot discharge in bankruptcy, as a prepetition claim, premiums it owes to the Pension Benefit Guaranty Corporation in connection with the termination of a pension plan.

    Introduction

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Defined benefit pension plan, Bankruptcy discharge, Compound interest, Pension Benefit Guaranty Corporation, US Code, Title 11 of the US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Circuit court
    Authors:
    Sharon L. Levine , Christine Osvald-Mruz , Wojciech F. Jung
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Stabler v. Beyers (In re Stabler)
    2010-01-07

    No. 09-6024 (8th Cir. BAP 11/30/09)

    Filed under:
    USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Debt, Refinancing, Secured creditor, Corporate bond, Bankruptcy discharge, Secured loan, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Shotkoski v. Fokkena (In re Shotoski)
    2010-01-07

     No. 09-6063 (8th Cir. BAP 11/24/09)

    Filed under:
    USA, South Dakota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Sweeping environmental liability under the bankruptcy carpet: fresh start is not guaranteed
    2010-01-05

    Businesses considering filing Chapter 11 for bankruptcy protection may not necessarily be able to avoid certain environmental cleanup obligations. The underlying policy goals of bankruptcy and environmental laws are in direct conflict in that bankruptcy law seeks to promote financial rehabilitation by discharging a debtor's past obligations in order to promote financial rehabilitation while environmental law seeks to ensure that the government can order responsible parties to clean up contamination, including historical pollution caused by business predecessors.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Day Pitney LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Debt, Waste management, Joint and several liability, Bankruptcy discharge, US Environmental Protection Agency, American Recovery and Reinvestment Act 2009 (USA), Resource Conservation and Recovery Act 1976 (USA), Seventh Circuit
    Authors:
    Tricia H. Foley , James J. "Jim" Tancredi
    Location:
    USA
    Firm:
    Day Pitney LLP
    Kelson Channelview LLC v. Reliant Energy Channelview LP
    2010-01-20

    The term “stalking horse” originally referred to a horse or type of screen a hunter used to conceal his position from intended prey. Today the term takes a new meaning altogether thanks to its application in the bankruptcy context. A modern day “stalking horse” is an interested buyer of a debtor’s assets who is offered incentives for being the first to announce its intent. As the initial bidder, the stalking horse sets the minimum purchase price and other terms of the transaction.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Debtor, Federal Reporter, Non-disclosure agreement, United States bankruptcy court, Third Circuit
    Authors:
    Sharon L. Levine , Sheila A. Sadighi , S. Jason Teele , Cassandra M. Porter
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP

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