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    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
    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
    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
    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
    Energy Future Holdings – more bad news for bondholders on make-whole premiums
    2015-07-14

    For the second time in the past few months, Judge Christopher Sontchi has dashed the hopes of certain creditors in the Energy Future Holdings (“EFH”) chapter 11 case that they would be paid a make-whole premium worth over $400 million.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Sbarro and Quiznos serve up prepackaged “cramdown” plans
    2014-03-28

    The chapter 11 filings this month of Sbarro and Quiznos 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Absolute priority rule absolutism? Strict interpretation of Bankruptcy Code cramdown provisions nearly causes Hawker Beechcraft plan confirmation to skid along the runway
    2013-02-08

    By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support of the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Unsecured debt, Holding company
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    State legislature to Alabama's Jefferson County: drop dead?
    2012-04-16

    Opposing lawyers for Jefferson County, the debtor in the largest Chapter 9 municipal bankruptcy case ever filed, and the holders of its sewer warrants squared off last week in the ongoing fight over control of the County’s sewer system and the right to its revenues. (Expert witness

    Filed under:
    USA, New York, Insolvency & Restructuring, Public, Tax, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The right kind of broke? Judge weighs deeply insolvent county's eligibility for Chapter 9 protection
    2012-01-06

    The travails of Jefferson County, Alabama are well known.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debt
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Los Angeles Dodgers Chapter 11 - can they get Kirk Gibson admitted pro hac in Delaware?
    2011-07-01

    The Chapter 11 filing of the Los Angeles Dodgers is a desperate move by Frank McCourt to try to maintain his ownership of the team.  At least McCourt, whatever his shortcomings as a major league franchise owner, chose wisely in selecting bankruptcy lawyers.  Partners Bruce Bennett and

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Debtor
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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