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    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
    Discrimination in classification of claims okay, so long as not unfair discrimination
    2013-02-18

    In re Sea Trail Corporation, Case No. 11-07370- 8-SWH (Bankr. E.D.N.C., Oct. 23, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Reed Smith LLP, Shareholder, Debtor, Unsecured debt, Discrimination, Market liquidity, Liquidation
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Distributions from an investment advisor to its customers may not be protected transactions under Section 546(e) of the Bankruptcy Code
    2013-01-24

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Security (finance), Safe harbor (law), Commodity, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    Illinois legislation trumps In re Crane bankruptcy court decision
    2012-12-14

    Since theIn re Crane decision was handed down by the Bankruptcy Court for the Central District of Illinois in April 2012, all eyes in the mortgage banking industry have been focused on the appeal of the decision pending in the U.S. District Court, in the hopes that the widely criticized ruling of the Bankruptcy Court would be overruled.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Mortgage loan, Constructive notice, United States bankruptcy court
    Authors:
    Daniel J. Slattery
    Location:
    USA
    Firm:
    Reed Smith LLP
    Low-income housing tax credits must be included in valuing section 506(a) collateral
    2012-10-15

    In re Creekside Senior Apartments, LP, 2012 Fed App. 0008P (6th Cir. B.A.P. June 29, 2012)

    CASE SNAPSHOT

    In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Reed Smith LLP, Debtor, Collateral (finance), Tax credit, Limited partnership, Sixth Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Third Circuit clarifies burden of proof analysis under section 506(a) valuation, and allows lien stripping in chapter 11
    2012-10-15

    In re Heritage Highgate, 679 F.3d 132 (3d Cir. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Collateral (finance), Legal burden of proof, Fair market value, Secured creditor, Third Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Reasonableness of pre-petition default rate under section 506(a) not subject to equitable analysis
    2012-10-15

    In re 400 Walnut Associates, L.P., 2012 BL 140988 (E.D. Pa. June 7, 2012)

    CASE SNAPSHOT

    The creditor appealed the denial of its claim for pre-petition interest at the contractual default rate. The district court reversed and remanded the case, holding that the bankruptcy court had incorrectly applied an "equitable analysis" in making its decision.

    FACTUAL BACKGROUND

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Interest, Default (law), Default (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Purchased claims are subject to preference disallowance under section 502(d)
    2012-10-15

    In re KB Toys, Inc., 470 B.R. 331 (Bankr. D. Del. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Title 11 of the US Code
    Authors:
    Elizabeth A. McGovern
    Location:
    USA
    Firm:
    Reed Smith LLP
    Letter of credit payment made independent of bond indenture is not a ‘settlement payment’ protected by section 546(e)
    2012-10-15

    In re Qimonda Richmond, LLC, 467 B.R. 318 (Bankr. D. Del. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bond (finance), Letter of credit, Debtor, Security (finance), Citibank
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    ‘Intent’ inferred, summary judgment granted in debt recharacterization case
    2012-10-15

    In re Shubh Hotels Pittsburgh, Inc., Bankr. No. 10-26337JAD (Bankr. W.D. Pa. July 24, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Interest, Debt, Balance sheet
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP

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