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    Senate agrees on mechanism for resolving failed firms
    2010-05-10

    On May 5th, the Senate voted 93-5 to adopt an amendment proposed by Senators Christopher Dodd and Richard Shelby that would give the FDIC authority to liquidate failing financial institutions without the creation of a controversial $50 billion "bailout" fund. Instead, the FDIC would use a new line of credit with the Treasury Department, supported by the assets of the failed institution, to pay the liquidation expenses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Credit (finance), Bailout, Liquidation, Line of credit, Federal Deposit Insurance Corporation (USA), US Department of the Treasury
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Chem Rx files for bankruptcy hoping to either reorganize or conduct a 363 sale of assets
    2010-05-31

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Market liquidity, Marketing, Debt, Investment banking, Line of credit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Roll-up financing gains prominence
    2010-06-15

    A “roll-up” is a form of postpetition financing which has the effect of elevating the priority of prepetition debt. In a roll-up, the prepetition debt of the postpetition, new money lenders is rolled into the debtor in possession financing, thus affording the prepetition debt superpriority status and, in many circumstances, ensuring the rolled-up debt is paid in full on the effective date of the plan of reorganization, (unless the lender consents to different treatment under the plan).1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bond market, Debtor, Unsecured debt, Collateral (finance), Debt, Maturity (finance), Liquidation, Default (finance), Line of credit, Debtor in possession, Secured loan, General Motors
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Sanctions awarded under the bankruptcy court’s ‘inherent authority’
    2010-09-13

    In re 15375 Memorial Corporation, et al, 430 BR 142 (Bankr D Del May 17, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Costs in English law, Debtor, Discovery, Legal burden of proof, Holding company, Involuntary dismissal, Line of credit, United States bankruptcy court, Third Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Secured creditors: pay close attention to the debtor’s name you report in a UCC financing statement. adding a trade name may place your lien at risk
    2010-11-01

    Recently, the United States Bankruptcy Appellate Panel of the Eighth Circuit decided In re EDM Corp.,[1] affirming that a creditor’s priority in collateral may be sacrificed if the debtor’s exact legal name is not exclusively used in the financing statement.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Debtor, Collateral (finance), Safe harbor (law), Line of credit, Uniform Commercial Code (USA), Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Brian A. Bash , Eric R. Goodman
    Location:
    USA
    Firm:
    BakerHostetler
    Bankruptcy court (mostly) dismisses complaint against pre-petition lenders based on alleged inequitable conduct
    2010-12-01

    Official Committee of Unsecured Creditors v Credit Suisse (In re Champion Enterprises, Inc.), 2010 WL 3522132 (Bankr. D. Del. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Contractual term, Bankruptcy, Credit (finance), Unsecured debt, Breach of contract, Debt, Estoppel, Unjust enrichment, Default (finance), Line of credit, Credit Suisse, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Aaron B. Chapin
    Location:
    USA
    Firm:
    Reed Smith LLP
    Second Circuit designation ruling serves wake-up call to strategic bankruptcy investors
    2010-12-15

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Interest, Federal Reporter, Debt, Maturity (finance), Good faith, Bad faith, Line of credit, Secured loan, Dish Network, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Peter A. Zisser , Sandra E. Mayerson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    District court quashes controversial TOUSA fraudulent transfer decision
    2011-02-22

    In a recent 113-page decision, Judge Alan S. Gold of the U.S. District Court for the Southern District of Florida quashed the TOUSA Bankruptcy Court’s previous controversial fraudulent conveyance decision that required secured lenders (the "Transeastern Lenders") to disgorge approximately $480 million received in settlement of their claims against TOUSA.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bond (finance), Bankruptcy, Unsecured debt, Interest, Debt, Joint venture, Conveyancing, Default (finance), Line of credit, Subsidiary, United States bankruptcy court
    Authors:
    Craig A. Barbarosh , Karen B. Dine , Erica Edman Carrig , Brandon R. Johnson
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    TOUSA: $300 million revolving loan facility avoids fraudulent conveyance attack.
    2011-03-08

    In a second decision of the United States District Court for the Southern District of Florida involving secured lenders to bankrupt homebuilder TOUSA, Inc., on March 4, 2011, Judge Adalberto Jordan affirmed the dismissal of fraudulent conveyance claims brought against the lenders on a revolving credit facility. In dismissing those claims, the Bankruptcy Court had emphasized that, because the revolving credit agreement was entered into, and the liens securing it were pledged, well before the company's alleged insolvency, they were immune from fraudulent conveyance attack.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Credit (finance), Surety, Debtor, Unsecured debt, Federal Reporter, Debt, Joint venture, Conveyancing, Line of credit, Citigroup, Second Circuit, United States bankruptcy court
    Authors:
    Seven Rivera , Thomas J. Hall , Thomas J. McCormack
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Seventh Circuit denies fees to breaching DIP lender in re Arlington Hospitality, Inc.
    2011-04-13

    The Seventh Circuit affirmed a district court’s ruling that a debtor-in-possession (“DIP”) lender had breached its financing agreement, barring its claim for commitment and funding fees from the DIP. Arlington LF, LLC v. Arlington Hospitality, Inc., No. 09-3560, 2011 WL 727981, *9 (7th Cir. March 3, 2011), aff’g No. 08 C 5098, 2011 WL 3055350 (N.D. Ill. Sept. 18, 2009). Although the DIP itself had also breached the agreement, that breach was not, in the court’s view, effective until after the lender had already “walked away.” Id. at *6.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Schulte Roth & Zabel LLP, Condition precedent, Debtor, Interim order, Breach of contract, Interest, Investment banking, Default (finance), Line of credit, Subsidiary, United States bankruptcy court, Seventh Circuit
    Authors:
    Michael L. Cook , Karen S. Park
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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