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    Delaware court limits debt purchasers credit bid to the purchase price
    2014-05-07

    Recently, a chink to the armor of distressed debt purchasers resonated throughout the secondary market with the decision of the Delaware Bankruptcy Court in In re Fisker Automotive Holdings, in which the bankruptcy court limited the right to credit bid of

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bilzin Sumberg, Debt, Secured creditor, Distressed securities
    Authors:
    Scott L. Baena
    Location:
    USA
    Firm:
    Bilzin Sumberg
    Beware the ‘Meridian Sunrise’ — District Court rules investment funds are not ‘financial institutions’ under loan transfer restrictions
    2014-05-02

    The U.S. District Court for the Western District of Washington recently construed the terms of a customary loan agreement to preclude certain hedge funds viewed as “acquir[ing] distressed debt and engag[ing] in predatory lending” from voting on a debtor’s plan of reorganization. Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd. (In re Meridian Sunrise Village, LLC), 2014 WL 909219 (W.D. Wash. Mar. 7, 2014).

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Distressed securities
    Authors:
    David J. Karp , Neil S. Begley
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    District Court denies distressed funds the right to vote on bankruptcy plan
    2014-05-05

    The US District Court for the Western District of Washington (the "District Court") recently affirmed a bankruptcy court decision that prohibited a transferee of a secured lender's interest in a loan from voting on a debtor's plan of reorganization on the grounds that such transferee, a distressed debt investor, was not an Eligible Assignee under the applicable loan agreement.Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd., et al., No. 13-5503 (W.D. Wash. March 6, 2014) (In re Meridian Sunrise Village, LLC).

    Background

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Commercial bank, Interest, Distressed securities, Bank of America, United States bankruptcy court, US District Court for Western District of Washington
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Distressed investors beware: assignment restrictions may not mean what you think in certain jurisdictions
    2014-04-08

    A recent appellate decision in the Western District of Washington prohibited hedge fund creditors from voting on a debtor’s chapter 11 plan on the basis that the funds did not qualify as “financial institutions” for purposes of the definition of “Eligible Assignee” under the applicable loan agreement.1 While this counter-intuitive result seems driven by the specific facts of that case, this decision serves as a useful reminder of the importance of carefully reviewing assignment restrictions when purchasing loans in the secondary market.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Hedge funds, Default (finance), Distressed securities
    Authors:
    Richard F. Hahn , M. Natasha Labovitz , My Chi To , Katherine Ashton , Klaudius Marius Heda , Pierre Clermontel
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    Federal district court: distressed debt fund not a “financial institution”
    2014-04-08

    A federal district court has ruled that a distressed debt fund is not a “financial institution” for purposes of the assignment provisions of a loan agreement.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Investment funds, Default (finance), Distressed securities, Bank of America, United States bankruptcy court
    Authors:
    Paul M. Cushing , Ginger R. Burton
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Debt fund enjoined from voting on chapter 11 plan because it is not a “financial institution” under assignment eligibility clause of loan agreement
    2014-04-10

    Assignees of Loan Only Entitled to One Collective Vote on Plan

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Injunction, Debt, Default (finance), Distressed securities, United States bankruptcy court
    Authors:
    Brad Eric Scheler , Gary L. Kaplan , Shannon Lowry Nagle , Alan N. Resnick , Jennifer L. Rodburg , Kalman Ochs
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    In re Fisker Automotive Holdings, Inc., "I got a brand new car, and I'm feeling good so far"
    2014-03-28

    Without question, the bedrock of bankruptcy, particularly a successful one, is consent. Indeed, the notion of consent is threaded throughout the Bankruptcy Code and related law in respect of diverse issues ranging from the authority of the bankruptcy court to preside over certain matters, to confirmation of plans of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Bilzin Sumberg, Bankruptcy, Debtor, Secured creditor, Distressed securities, United States bankruptcy court
    Authors:
    Scott L. Baena
    Location:
    USA
    Firm:
    Bilzin Sumberg
    In re: Fisker Automotive Holdings, Inc.: caveat emptor for distressed debt purchasers – your credit bid rights may be impaired!
    2014-03-17

    Bankruptcy Court Decision

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Bankruptcy, Debtor, Secured creditor, Distressed securities, United States bankruptcy court
    Authors:
    Douglas M. Foley , Shara C. Cornell
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Investors in distressed debt: recent legal developments to be aware of
    2014-02-24

    Recent rulings in the Third Circuit Court of Appeals and the U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Whiteford Taylor & Preston LLP, Bankruptcy, Letter of credit, Debtor, Collateral (finance), Due diligence, Distressed securities, Third Circuit
    Authors:
    Michael E.Hastings
    Location:
    USA
    Firm:
    Whiteford Taylor & Preston LLP
    What about make-whole premiums?
    2013-04-30

    An important decision by Judge Kevin Carey of the United States Bankruptcy Court for the District of Delaware recently focused the distressed debt market (and financial creditors in general) on the proper legal characterization of a common financing provision — the “make-whole premium.”1 Judge Carey allowed a lender’s claim in bankruptcy for the full amount of a large make-whole premium, after denying a motion by the Unsecured Creditors’ Committee to disallow the claim.

     WHY DOES THIS DECISION MATTER?

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Interest, Maturity (finance), Refinancing, Distressed securities, United States bankruptcy court
    Authors:
    Jon Kibbe
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP

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