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    Weathering the storm: Delaware Bankruptcy Court declines to designate votes of parties to a post-petition restructuring support agreement
    2013-02-13

    On January 31, 2013, the Bankruptcy Court for the District of Delaware in In re Indianapolis Downs, LLC1 declined to designate the votes of parties to a post-petition restructuring support agreement (i.e., a lock-up agreement), instead confirming the Debtors’ Modified Second Amended Joint Plan of Reorganization (the “Plan”) based on the votes of such parties.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Interest, Debt, Solicitation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Lenard Parkins , Michael E. Foreman , Yonit Caplow
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Latest trends in the enforceability of make-whole premiums
    2013-02-04

    A lender’s entitlement to a make-whole premium, that is, a prepayment penalty designed to compensate the lender for the loss of interest payments it would have received had the borrower continued to service the debt through the maturity date of the loan, depends principally on the plain language of the bond indenture or credit agreement.  See, e.g.,HSBC Bank USA, N.A. v. Calpine Corp. (In re Calpine Corp.),No. 07 Civ 3088 (GBD), 2010 WL 3835200, at *4 (S.D.N.Y. Sept.

    Filed under:
    USA, New York, Aviation, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cole Schotz PC, Interest, Maturity (finance), American Airlines, United States bankruptcy court
    Authors:
    Ryan T. Jareck
    Location:
    USA
    Firm:
    Cole Schotz PC
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgagees beware: stay relief does not mean you are home free
    2013-01-08

    Trauner v. State Bank & Trust Co. (In re Solid Rock Development Corp.), 481 B.R. 221 (Bankr. N.D. Ga. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Attorney's fee
    Location:
    USA
    Firm:
    Troutman Pepper
    Prepetition fire insurance proceeds: who gets the cash?
    2012-12-27

    Crews v. TD Bank, N.A. (In re Crews), 477 B.R. 835 (Bankr. M.D.Fla. 2012) –

    A mortgaged building was destroyed by fire prior to the mortgagor’s bankruptcy filing.  In an earlier opinion the bankruptcy court held in that the mortgagee had an equitable lien on the fire insurance proceeds of $350,000.  This opinion addresses the debtors’ attempt to avoid the equitable lien using their “strong arm” powers.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Golf fees as cash collateral: strike three you’re out
    2012-12-04

    Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Troutman Pepper, Bankruptcy, Debtor, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy court says no to trustee's request to dissolve LLC
    2012-12-06

    The trustee in the bankruptcy of an LLC member asked the Bankruptcy Court for a declaration that the LLC was dissolved pursuant to its operating agreement. The operating agreement mandated dissolution upon the bankruptcy of a member, but the court denied the trustee’s motion, relying on provisions in the Bankruptcy Act that trump contractual limitations. In re Warner, 480 B.R. 641 (Bankr. N.D. W.Va. Sept. 27, 2012).

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Bankruptcy, Debtor, Interest, Limited liability company, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Sale "free and clear" does not extinguish sublessee's right to remain in possession
    2012-12-01

    The ability of a trustee or chapter 11 debtor in possession (“DIP”) to sell bankruptcy estate assets “free and clear” of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of “any interest in such property,” has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Interest, Debtor in possession, In rem jurisdiction
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Losing acquiror in competing reorganization plan fight has standing to seek reimbursement of fees and expenses
    2012-10-18

    A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had “standing” to seek reimbursement of its legal fees and expenses as a “substantial contribution” to the reorganization case. In re S & Y Enterprises, LLC, et al., 2012 Bankr. LEXIS 4622, at *4-*5 (Bankr. E.D.N.Y., September 28, 2012). Nevertheless, the losing acquiror failed to recover because, in the court’s view, it did not satisfy the statutory requirements for reimbursement with the requisite “preponderance of the evidence.” Id.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interest, Standing (law), Legal burden of proof, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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