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    In re Philadelphia Newspapers: potential ramifications for secured lenders in debt restructurings
    2009-12-02

    The Eastern District of Pennsylvania held that secured creditors do not have a right to credit bid their claim when the sale of a debtor’s assets is conducted under a plan of reorganization.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Limited liability company, Debt, Fair market value, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Eastern District of Pennsylvania
    Authors:
    Geoffrey T. Raicht , Nava Hazan
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Recent significant commercial bankruptcy filings
    2009-11-30

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    GAMING  

    The Majestic Star Casino LLC is seeking Chapter 11 bankruptcy protection.  

    RESEARCH  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Video game, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Opportunities in distressed real estate assets
    2009-12-10

    470-Unit Apartment Complex in Pittsburgh, Pennsylvania In re Ventana Hills Associates, Ltd. (Bankr. N.D. Ill.) Case no. 09-41755 In re Ventana Hills Phase II, L.P. (Bankr. N.D. Ill.) Case no. 09-41758

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Accounts receivable, Limited liability company, Personal property, Subsidiary
    Authors:
    Robert J. Ivanhoe
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Opportunities in distressed assets
    2009-12-10

    470-Unit Apartment Complex in Pittsburgh, Pennsylvania In re Ventana Hills Associates, Ltd. (Bankr. N.D. Ill.) Case no. 09-41755 In re Ventana Hills Phase II, L.P. (Bankr. N.D. Ill.) Case no. 09-41758

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Retail, Debtor, Accounts receivable, Limited liability company, Personal property, Subsidiary
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Recent significant commercial bankruptcy filings
    2010-01-18

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    BROADCASTING  

    Radio group Citadel Broadcasting Corp. has filed a prepackaged bankruptcy petition aimed to eliminate some $1.4 billion in debt.  

    ENERGY  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    FDIC sells $1.02 billion in distressed loans to fund managed by Colony Capital Acquisitions
    2010-01-08

    Today, the FDIC announced that Colony Capital Acquisitions, LLC paid a total of approximately $90.5 million (net of working capital) in cash for a 40% equity stake in a limited liability company (LLC) created by the FDIC to hold a portfolio of approximately 1,200 distressed commercial real estate loans with an aggregate unpaid principal balance of $1.02 billion arising out of 22 failed bank receiverships.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Alston & Bird LLP, Commercial property, Interest, Limited liability company, Investment funds, Portfolio (finance), Distressed securities, Federal Deposit Insurance Corporation (USA)
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    LLC's creditors have standing to sue members for unlawful distributions
    2010-02-01

    The Colorado Court of Appeals held last month that creditors as a group have standing to sue members of an LLC who receive distributions knowing that the distributions were made when the LLC was insolvent. Colborne Corp. v. Weinstein, No. 09CA0724, 2010 Colo. App. LEXIS 58 (Colo. App. Jan. 21, 2010).

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Fiduciary, Limited liability company, Standing (law), Colorado Court of Appeals
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Third Circuit refines break-up standard
    2010-02-04

    Break-up fees1 remain difficult for initial (or so-called “stalking horse”) bidders to obtain in the Third Circuit. In Kelson Channelview LLC v. Reliant Energy Channelview LP (In re Reliant Energy Channelview LP), No. 09-2074 (3d Cir. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Shareholder, Debtor, Limited liability company, Testimony, Bright-line rule, Business judgement rule, United States bankruptcy court, Third Circuit
    Authors:
    Lawrence V. Gelber , James T. Bentley
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Chrysler proposes joint plan of liquidation
    2010-02-11

    Chrysler Proposes Joint Plan of Liquidation; Unsecured Creditors' Distribution Contingent Upon the Outcome of the Daimler Lawsuit

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Calfee Halter & Griswold LLP, Bankruptcy, Unsecured debt, Fraud, Fiduciary, Statute of limitations, Limited liability company, Liability (financial accounting), Liquidation, Unjust enrichment, US Federal Government, Daimler AG, Chrysler, United States bankruptcy court
    Authors:
    Jean R. Robertson , James M. Lawniczak
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP

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