Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    The eternal pursuit to collect: due process rights and actions to collect on a debtor’s defaulted student loans
    2015-11-18

    As we’ve previously covered in prior blog posts, Being In Love Means Never Being Able To Get Your Student Loans Discharged, Or Why Stedman Graham Should Have To Pay His Student Loans and 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Due process, Default (finance), Student loan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Don’t forfeit your right to demand default rate interest!
    2015-10-05

    Is a debtor required to pay default rate interest when it reinstates a loan under a plan of reorganization? According to a recent Eleventh Circuit Court of Appeals decision, In re Sagamore Partners, Ltd., 2015 U.S. App. LEXIS 15382 (Aug. 31, 2015), the answer depends upon the underlying loan documents and applicable non-bankruptcy law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Interest, Default (finance), Eleventh Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Eleventh Circuit reverses denial of lenders’ claim for default-rate interest
    2015-09-09

    A Chapter 11 debtor’s reorganization plan purporting to cure a default under a pre-bankruptcy loan agreement must pay “the agreed-upon default rate interest,” consistent with “the underlying agreement” and the “applicable nonbankruptcy law,” held the U.S. Court of Appeals for the Eleventh Circuit on Aug. 31, 2015. In re Sagamore Partners, Ltd., 2015 WL 5091909, at *4 (11th Cir. Aug. 31, 2015).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interest, Default (finance), Eleventh Circuit
    Authors:
    Michael L. Cook , Brian C. Tong
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The cure: Eleventh Circuit entitles lender to default-rate interest
    2015-08-04

    We have previously discussed default-rate interest and late fees in connection with a secured creditor’s claim.  Can a secured creditor choose to waive one in favor of the other if both are not available?  And when is a secured creditor entitled to default-rate interest in the first place

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Default (finance), Secured creditor, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Can one member of a lending syndicate enforce remedies under a loan agreement? Surprisingly, the New York Court of Appeals says “no”
    2007-04-17

    In a significant and somewhat surprising decision, the New York Court of Appeals recently held that, absent an express provision to the contrary, an individual lender in a syndicated loan is prohibited from enforcing its rights under the loan agreement or a related guaranty.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Surety, Consideration, Debt, Default (finance), Casino, Parent company, New York Supreme Court
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    When must a debtor pay prepetition vendor claims for goods received by a debtor within 20 days of the petition date under new Bankruptcy Code Section 503(b)(9)?
    2007-04-13

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “BAPCPA”) created an additional category of administrative expenses

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Consumer protection, Debt, Liability (financial accounting), Default (finance), Prejudice, Memorandum opinion, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    White & Case
    Supreme Court rules that federal bankruptcy law does not prohibit an unsecured creditor from recovering postpetition attorney’s fees authorized by an enforceable prepetition contract
    2007-05-14

    On March 20, 2007, the United States Supreme Court ruled in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., case docket no. 127 S.Ct. 1199 (2007), that federal bankruptcy law does not preclude an unsecured creditor from obtaining attorney’s fees authorized by a valid prepetition contract and incurred in postpetition litigation. In reaching this decision, the Supreme Court overruled the Ninth Circuit Court of Appeal’s ruling in Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Surety, Unsecured debt, Federal Reporter, Default (finance), Attorney's fee, Unsecured creditor, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case
    Parties other than landlords have standing to prevent assignment of a tenant's lease in bankruptcy
    2007-07-02

    When a retail business becomes a debtor in bankruptcy, it often decides to trim its operations by closing some of its retail stores. This strategy inevitably leaves the debtor with unnecessary leases. Instead of simply rejecting the leases, retail debtors often assume the agreements and assign them to other entities. The assumption and assignment of the unnecessary leases may allow a debtor to avoid potentially significant rejection damage claims from landlords.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, Retail, Debtor, Landlord, Leasehold estate, Covenant (law), Standing (law), Legal burden of proof, Default (finance), Investment company, Walgreens, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Existing guaranty extinguished by refinancing
    2007-09-13

    Lenders take note—a state court has held that in some circumstances a refinancing transaction can extinguish an original guarantee.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Surety, Debt, Common law, Refinancing, Default (finance), Bankruptcy discharge, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Assignee creditors are protected by Code’s fraud provisions
    2007-07-31

    Assignee creditors are protected by the provision of the Bankruptcy Code that prevents debtors from obtaining a discharge for debts obtained through fraud, the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit has held.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Reed Smith LLP, Debtor, Fraud, Debt, Default (finance), Joint and several liability, Bankruptcy discharge, Title 11 of the US Code, Ninth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 33
    • Page 34
    • Page 35
    • Page 36
    • Current page 37
    • Page 38
    • Page 39
    • Page 40
    • Page 41
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days