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    Hard times for unsecured creditors
    2009-01-26

    As the economy worsens and the value of corporate assets declines, unsecured creditors are finding that very little, if anything, is left for them at the bankruptcy table after the secured creditors have taken as much as they can from a debtor’s assets. Now, after a period of having copious credit available on attractive terms, debtors are going into bankruptcy without sufficient assets to pay even their secured creditors in full. In such circumstances, prospects for unsecured creditors are bleak indeed.  

    Filed under:
    USA, Insolvency & Restructuring, Dykema Gossett PLLC, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Economy, Liquidation, Secured creditor, Leverage (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Bankruptcy court modifies success fee payable to debtor’s financial advisor in pre-packaged bankruptcy
    2009-03-31

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Contractual term, Bankruptcy, Debtor, Interest, Contingent fee, Debtor in possession, Capital punishment, Leverage (finance), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    In re Yellowstone Mountain Club LLC - the pitfalls of “equitable subordination” for the unwary lender
    2009-06-04

    The recent ruling by the Bankruptcy Court for the District of Montana in the Chapter 11 case of In re Yellowstone Mountain Club LLC 1 (“Yellowstone”), which found that a senior secured lender had engaged in “overreaching and predatory lending practices”, suggests an application of lender liability theory from today’s perspective to a transaction that took place before the credit crisis.  

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Debtor, Unsecured debt, Fraud, Marketing, Debt, Underwriting, Leverage (finance), Secured loan, United States bankruptcy court
    Authors:
    Alan Gover , Alan Rockwell , Eric L. Berg
    Location:
    USA
    Firm:
    White & Case
    Bankruptcy issues in intercreditor agreements
    2009-05-31

    Introduction

    This article addresses bankruptcy issues commonly arising in connection with intercreditor agreements, and is intended to provide a general examination of provisions that relate specifically to bankruptcy or other insolvency proceedings. By reviewing variations of these provisions that have appeared in negotiated second lien financings, the discussion provides a checklist that will be useful at the front end of deals of this kind.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Debt, Limited partnership, Default (finance), Leverage (finance), Convertible bonds, Bank of America
    Authors:
    Jeffrey A. Marks
    Location:
    USA
    Firm:
    Squire Patton Boggs
    FDIC announces next steps in development of Legacy Loan Program through the offer of portfolio of residential mortgage loans receivership assets
    2009-07-31

    Today, the FDIC announced the next steps in further developing the government's Legacy Loan Program (LLP), by testing the LLP program's funding mechanism through the sale of a portfolio of residential mortgage loan receivership assets to a limited liability company (LLC) in exchange for an ownership interest in the LLC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Interest, Limited liability company, Option (finance), Limited liability partnership, Debt, Mortgage loan, Balance sheet, Portfolio (finance), Cashflow, Leverage (finance), Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Residential Credit Solutions wins bid in Legacy Loans Program pilot sale
    2009-09-18

    The Federal Deposit Insurance Corporation (FDIC) announced that Residential Credit Solutions was the winning bidder in a pilot sale of receivership assets conducted to test the funding mechanism for the Legacy Loans Program. The FDIC, as a receiver of Franklin Bank, SSB, owns a portfolio of residential mortgage loans with an unpaid principal balance of approximately $1.3 billion, which the FDIC will convey to a limited liability company. Residential Credit Solutions will pay $64,215,000 in cash for a 50% stake in the limited liability company using 6-to-1 leverage.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Limited liability company, Mortgage loan, Balance sheet, Conveyancing, Leverage (finance), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), US Secretary of the Treasury
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lehman bankruptcy court rules on right to withhold payment under ISDA Master Agreement
    2009-09-29

    On September 17, 2009, the U.S.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Condition precedent, Debtor, Safe harbor (law), Swap (finance), Liquidation, Default (finance), Leverage (finance), American International Group, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Distressed portfolio companies: potential litigation aftermath for sponsors
    2009-11-04

    Introduction
    Fraudulent Leveraged Buy-Outs
    Operating Company/Property Company
    Dividend Recapitalizations
    Deepening Insolvency
    Comment


    Introduction

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Arnold & Porter, Bankruptcy, Unsecured debt, Private equity, Dividends, Debt, Leveraged buyout, Default (finance), Leverage (finance), Buyout
    Location:
    USA
    Firm:
    Arnold & Porter
    The Ion Media decision: second lien lenders treated as second class citizens, even as to unencumbered assets
    2009-11-30

    In the chapter 11 proceedings for ION Media Networks, a distressed fund (Cyrus) purchased second lien debt and then employed what the Court characterized as "aggressive bankruptcy litigation tactics as a means to gain negotiating leverage." In a November 24, 2009 Memorandum Decision, Judge James Peck of the United States Bankruptcy Court for the Southern District of New York stopped Cyrus in its tracks, holding that the Intercreditor Agreement (ICA) between the first lien and second lien lenders would be enforced to deny Cyrus (i) the ability to assert that certain assets were outside of th

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Unsecured debt, Collateral (finance), Waiver, Debt, Standing (law), Unsecured creditor, Leverage (finance), Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Jeris Diana Brunette
    Location:
    USA
    Firm:
    Bracewell LLP
    Weathering the storm: Charter Communications decision allows reinstatement of debt
    2009-12-11

    Many companies secured their financing several years ago when the credit market featured advantageous pricing and loose loan covenants. Because these favorable terms would be impossible for borrowers to obtain in today’s lending environment, many viable companies with highly leveraged capital structures are looking for strategies to remove debt and, at the same time, to preserve, or “reinstate,” the favorable financing deals they secured before the markets crashed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Haynes and Boone LLP, Bond (finance), Bond market, Bankruptcy, Debtor, Market liquidity, Debt, Maturity (finance), Holding company, Default (finance), Leverage (finance), Secured loan, JPMorgan Chase, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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