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    Dirt-for-debt: “indubitable equivalence” and other issues
    2011-06-22

    In Chapter 11 reorganization cases, a debtor and a creditor generally seek to negotiate a mutually agreeable plan of reorganization. However, in many instances, the debtor will propose a plan which impairs the interest of a secured creditor and results in the secured creditor’s objection of the plan’s proposed treatment. In

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Interest, Debt, Secured creditor
    Location:
    USA
    Firm:
    Nexsen Pruet
    Seventh Circuit holds that free and clear sale plan cannot be confirmed without preserving secured creditor's credit bidding rights: ruling creates circuit split
    2011-06-29

    On June 28, 2011, the Court of Appeals for the Seventh Circuit rejected the views of the Third Circuit and the Fifth Circuit and held that a reorganization plan which proposes the sale of encumbered assets free and clear of liens must honor the secured creditor’s right to credit bid its claim in order to be confirmed under the “fair and equitable” standard of the Bankruptcy Code. In the combined appeals of In re River Road Hotel Partners, LLC, et al. andIn re Radlax Gateway Hotel, LLC, et al.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Secured creditor, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Seventh Circuit upholds secured creditors' credit bid rights under plan
    2011-07-05

    On June 28, 2011, the U.S. Court of Appeals for the Seventh Circuit held that secured creditors have a statutory right to credit bid1 their debt at an asset sale conducted under a "cramdown" plan. In re River Road Hotel Partners, LLC, ___ F.3d. ___, 2011 WL 2547615 (7th Cir. June 28, 2011).2 The Seventh Circuit's decision creates a split with recent decisions in the Third and Fifth Circuits regarding a lender's ability to credit bid its secured debt. See In re Philadelphia Newspapers, 599 F.3d 298 (3d Cir. 2010); In re Pacific Lumber, Co., 584 F.3d 229 (5th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Credit (finance), Debtor, Collateral (finance), Federal Reporter, Debt, Liquidation, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, Seventh Circuit
    Authors:
    Lawrence V. Gelber , James T. Bentley
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Supreme Court considers junior liens on 'underwater' property
    2015-05-22

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Debtor, Secured creditor, Eleventh Circuit
    Authors:
    Andrew J Sackett
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Have courts left the Pinegate open?
    2015-04-06

    Most bankruptcy lawyers are familiar with section 1111(b) and its attempt to rectify a perceived unfairness resulting from the ruling in In re Pine Gate Assocs., Ltd., Case No. B75-4345A, 1976 U.S. Dist. LEXIS 17366 (N.D. Ga. Oct. 14, 1976). In Pinegate, the creditor’s collateral had depreciated as the result of a cyclical market fluctuation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Collateral (finance), Secured creditor
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Kill Till: ABI commission recommends market rate for cramdowns
    2015-03-12

    Judge Drain’s recent bench rulings in Momentive Performance Materials in 2014 generated a great deal of controversy in the distressed debt world.  Distressed investors, lenders, and commentators have questioned whether the Momentive rulings will lead to an industry trend in which debtors seek to cram down their secured lenders to take advantage of the ability to do so at below market interest rates.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Credit risk, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: postpetition financing II
    2015-02-20

    This installment of the Weil Bankruptcy Blog’s series on the ABI Commission Report is the second of two posts that address the Commission’s recommendations relating to postpetition financing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    ABI chapter 11 Reform Commission series: postpetition financing I
    2015-02-18

    This installment of the Weil Bankruptcy Blog’s series on the ABI Commission Report is the first of two posts that address the Commission’s recommendations relating to postpetition financing.  This post covers the Commission’s recomm

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Foreclosure, Secured creditor
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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