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    A landlord’s guide to bankruptcy: part 1
    2013-04-02

    Many Colorado landlords have confronted the issues that arise when a commercial tenant files, or threatens to file, a bankruptcy case.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Real Estate, Otten Johnson Robinson Neff + Ragonetti PC
    Location:
    USA
    Firm:
    Otten Johnson Robinson Neff + Ragonetti PC
    Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation
    2013-03-29

    In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held that the acceptance vote from a minimally and “artificially impaired” class of claims meets the 11 U.S.C. § 1129(a)(10) requirement for the confirmation of a non-consensual “cramdown” chapter 11 plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Sheppard Mullin Richter & Hampton LLP, Debtor, Interest, Good faith, Accrued interest, Fifth Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    What matters: A review of 2011 and 2012
    2013-04-01

    As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

    Filed under:
    USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    When “loan to own” becomes “own a loan” – how a recent Fifth Circuit decision rejecting the artificial impairment doctrine increases risks for distressed real estate investors
    2013-03-06

    Chapter 11 of the U.S. Bankruptcy Code provides debtors with a number of tools to restructure comprehensively their debts and other liabilities as well as immediate protection from secured and unsecured creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Ropes & Gray LLP
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Fifth Circuit rejects “artificial impairment” standard in confirmation of single asset real estate plan
    2013-03-01

    In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may “artificial impair” claims in a class to obtain an impaired and accepting class of claims as required by section 1129(a)(10) of the Bankruptcy Code. Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.), No. 12-10271, 2013 WL 690497 (5th Cir. Feb. 26, 2013).

    Statutory Background to the Artificial Impairment Issue

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, King & Spalding LLP, Bankruptcy, Debtor, Interest, Secured creditor, Title 11 of the US Code, Fifth Circuit
    Authors:
    Edward L. Ripley , Mark W. Wege , Eric English
    Location:
    USA
    Firm:
    King & Spalding LLP
    What is the Homestead Exemption and when does it come into play?
    2013-02-21

    Public policy in New York prompted the establishment of, and recent increase to the Homestead Exemption (the “Exemption”), codified in the CPLR at §5206.  The Exemption, a statutorily created right, affords property owners (and their surviving heirs) certain protections from a creditor’s right to levy against a judgment debtor’s real property for the purpose of satisfying a personal money judgment.  The rationale behind the need for the Exemption is to ensure that a property owner is not left wholly insolvent once his primary residence is taken from him.

    Filed under:
    USA, New York, Insolvency & Restructuring, Real Estate, Herrick Feinstein LLP, Foreclosure
    Authors:
    Stacey R. Patterson
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Illinois legislation rejects In re Crane
    2013-02-12

    Custom and practice in Illinois with respect to mortgages has been to incorporate the note or other debt instrument by reference, rather than to disclose all of the financial terms of a loan transaction in the mortgage.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Debt, Mortgage loan, Constructive notice
    Authors:
    Cynthia Jared , Daniel J. Slattery
    Location:
    USA
    Firm:
    Reed Smith LLP
    Lender’s credit bid of entire debt at foreclosure sale results in forfeiture of rights to additional collateral
    2013-02-08

    The Sixth Circuit Court of Appeals recently affirmed the decisions of the courts below and held in an unpublished opinion that a secured lender’s credit bid at a Michigan foreclosure sale extinguished all of the Chapter 13 debtor’s indebtedness to the lender, thereby precluding the lender from executing on a prepetition foreclosure judgment obtained against the debtor in Wisconsin. State Bank of Florence v. Miller (In re Miller), 2013 WL 425342 (6th Cir. Feb. 5, 2013).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Barnes & Thornburg LLP, Credit (finance), Debtor, Debt, Foreclosure, United States bankruptcy court, Sixth Circuit
    Authors:
    John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Distressed toll roads: opportunities and challenges for restructuring
    2013-01-03

    What do the Pocahontas Parkway (Richmond, Va., vicinity), South Bay Expressway (San Diego, Calif.) and Indiana Toll Road have in common?

    All are toll road projects that are currently undergoing or have been through a restructuring – or even bankruptcy. While traditional restructuring tools are certainly available in restructuring toll road deals, toll road restructurings also present unique considerations that warrant special attention.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Arnold & Porter, Debt, Maturity (finance), Debt restructuring
    Authors:
    Madlyn Gleich Primoff , Neal Hampton
    Location:
    USA
    Firm:
    Arnold & Porter

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