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Fees for Defending Fees - Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision
2017-10-05

The Supreme Court two years ago ruled in Baker Botts v. Asarco that bankruptcy professionals entitled to compensation from a debtor’s bankruptcy estate had no statutory right to be compensated for time spent defending against objections to their fee applications.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, SCOTUS, United States bankruptcy court
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Energy Future Holdings – another major success for chapter 11 mediation?
2015-09-02

Mediation has become an invaluable tool in large chapter 11 cases.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Kelley Drye & Warren LLP, Mediation, Leveraged buyout
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Loan to moan? Judge limits right to credit bid in Chapter 11 case of Free Lance-Star Publishing Co
2014-04-21

A few months ago, a ruling in the Chapter 11 case of Fisker Automotive narrowed a secured creditor’s right to credit bid its debt in connection with a sale of the debtor’s assets.  The decision surprised many observers and resurrected uncertainty about a debtor’s ability to limit a secured lender’s credit bidding rights (a dispute that appeared to have been firmly resolved in favor of

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Secured creditor
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Too cool for school specialty - alternative DIP financing allows educational company to avoid immediate sale
2013-03-04

The School Specialty chapter 11 case began in what has become all too typical fashion. The company, overleveraged and short of cash, had no choice but to accept a lifeline extended by its second lien secured lender, a private investment fund. The terms of the debtor in possession (“DIP”) financing

Filed under:
USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Bankruptcy, Investment funds
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Supreme Court indubitably grapples with credit bidding
2012-04-24

The Supreme Court heard arguments yesterday in RadLAX Gateway Hotel over whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing its secured lenders an opportunity to credit bid their debt. 

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Litigation risk analysis supports trustee's settlement
2012-01-16

IN RE: FORT WAYNE TELSAT, INC. (November 23, 2011)

Filed under:
USA, Insolvency & Restructuring, Media & Entertainment, Kelley Drye & Warren LLP
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Plan proposing unencumbered asset sale, free and clear of liens, cannot be confirmed under § 1129(b)(2)(a)(iii)
2011-07-06

RIVER ROAD HOTEL PARTNERS v. AMALGAMATED BANK (June 28, 2011)

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Credit (finance), Debtor, Secured loan, Google, Seventh Circuit, Trustee
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Second Circuit affirms unfavorable plan treatment of senior secured creditor in DBSD North America
2010-12-10

The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”).

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Collateral (finance), Security (finance), Interest, Market liquidity, Debt, Good faith, Voting, Secured creditor, Unsecured creditor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
2010-04-28

IN RE: REPOSITORY TECHNOLOGIES, INC

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article
Could Supreme Court Case on Debt Recharacterization Provide a Pathway Out of the Stern v. Marshall Maze?
2017-07-20

The Supreme Court recently granted certiorari in PEM Entities LLC v. Levin, in which it will decide whether federal or a state law should apply when a debt claim held by a debtor’s insider is sought to be recharacterized in bankruptcy as a capital contribution and treated as equity. The case raises important questions about the extent to which the commencement of a proceeding under the U.S.

Filed under:
USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, SCOTUS, United States bankruptcy court
Authors:
Benjamin D. Feder
Location:
USA
Firm:
Kelley Drye & Warren LLP
View Original Article

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