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    Second Circuit clarifies rules on gifting, designation, in DBSD
    2011-06-24

    Earlier this year, the U.S. Court of Appeals for the Second Circuit held that a proposed “gifting” plan distributing value from the second lien lenders to the prepetition equity holder violated the absolute priority rule and was confirmed in error.2 This decision, by a 2-1 panel vote,3 reversed the decisions of the Bankruptcy and District Courts for the Southern District of New York. The Second Circuit also affirmed unanimously the designation of the vote of an indirect competitor of the debtor that held no claims prior to the petition date.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Interest, Debt, Good faith, Voting, Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Professional liability policy proceeds not property of bankruptcy estates
    2011-06-23

    The United States Bankruptcy Court for the District of Nevada has held that proceeds from a professional liability policy were not property of the insured-debtors' bankruptcy estate because the proceeds were payable only for the benefit of third party claimants and could not be accessed by the debtors directly.  In re Endoscopy Center of Southern Nevada, Nos. BK-S-09-22780-MKN, S-09-22776-MKN, S-09-22784-MKN, 2011 WL 2184387 (Bankr. D. Nev. May 23, 2011).

    Filed under:
    USA, Nevada, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Litigation, Professional Negligence, Wiley Rein LLP, Bankruptcy, Debtor, Interest, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Dirt-for-debt: “indubitable equivalence” and other issues
    2011-06-22

    In Chapter 11 reorganization cases, a debtor and a creditor generally seek to negotiate a mutually agreeable plan of reorganization. However, in many instances, the debtor will propose a plan which impairs the interest of a secured creditor and results in the secured creditor’s objection of the plan’s proposed treatment. In

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Interest, Debt, Secured creditor
    Location:
    USA
    Firm:
    Nexsen Pruet
    In Kentucky, identity of borrower can be supplied in an amendment to the mortgage
    2011-07-04

    Debtors filed a voluntary petition for relief under Chapter 7.  The Debtors own and have title to real property ("Property").  Prior to the Petition Date, the husband borrowed $85,000 from Lender. This loan was reflected by a promissory note signed only by the husband, as "Borrower."  The term "Note" is defined in the Mortgage as the promissory note signed by Borrower.  On the same date, a mortgage granting Lender a mortgage on the Property was executed.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Debtor, Interest, Consideration, Mortgage loan, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Delaware Bankruptcy Court provides further guidance on the contours of the common interest doctrine
    2015-02-04

    We admit, discovery disputes rarely make for titillating blog posts. But a letter ruling issued towards the end of last year by Judge Shannon in Longview Power, LLC et al. v. First American Title Insurance Co. recently caught our eye.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Interest, Work-product doctrine, United States bankruptcy court
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Municipal bond interest paid by a bond insurer after an issuer’s bankruptcy discharge can remain tax-exempt
    2014-12-22

    In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the bankruptcy plan’s effective date continues to be tax-exempt.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Tax, Mintz, Bond (finance), Tax exemption, Interest, Municipal bond, Internal Revenue Service (USA)
    Authors:
    Leonard Weiser-Varon , Maxwell D. Solet
    Location:
    USA
    Firm:
    Mintz
    There’s a thin line between equity and debt: affiliates, advances and avoiding recharacterization
    2014-12-03

    Although likely not the intent of In re Siag Aerisyn, LLC, a recent decision from the United States Bankruptcy Court for the Eastern District of Tennessee Southern Division, some might argue that the opinion serves as a how-to guide for masking a capital contribution by an affiliate as a loan constituting bona fide debt.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    “Ticking TRUPS” threaten bank holding companies
    2014-11-19

    Trust preferred securities (TRUPs), the highbred security that counted as Tier 1 regulatory capital but generated tax deductible interest payments, were a favored source of capital for community banks. When the financial crisis hit, many bank holding companies (BHCs) with troubled bank subsidiaries exercised the right to defer interest payments on their outstanding TRUPs for up to five years. Interest continued to accrue during the deferral period, but the deferral was not a default and there was nothing that the TRUPs holder could do but wait.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Stinson LLP, Shareholder, Interest, Tax deduction, Bank holding company, Capital requirement, Preferred stock, Accrued interest
    Authors:
    Mike W. Lochmann
    Location:
    USA
    Firm:
    Stinson LLP
    Make whole premiums and unmatured interest
    2014-09-25

    Judge Drain’s recent decision confirming the Momentive Performance Materials Inc. plan is just the latest in a series of recent cases involving “make whole” premiums. As in several of the recent cases, the lenders lost because the contract did not clearly enough provide for the make whole premium in the event of an acceleration rather than prepayment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Interest
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Post-petition interest: not very predictable
    2014-08-22

    Prudential Ins. Co. of Am. v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC), 748 F.3d. 393 (1st Cir. 2014) –

    A senior mortgagee battled the debtor and a junior mortgagee over its entitlement to post-petition interest: If and when did it become oversecured and thus entitled to interest? Was it entitled to interest at the default rate? Should the interest be compounded?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest
    Location:
    USA
    Firm:
    Troutman Pepper

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