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    Secured lenders have a right to credit bid in bankruptcy -- at least in the Seventh Circuit
    2011-08-02

    Breaking with the Third Circuit and the Fifth Circuit, on June 28, 2011, the Seventh Circuit held that a debtor's plan of reorganization that provides for the sale of the debtor's assets free and clear of an existing security interest may only be confirmed over the objection of its secured creditor if the plan's sale procedure permits the secured creditor to credit bid its secured debt for the assets being sold. River Road Hotel Partners, LLC v. Amalgamated Bank, -- F.3d --, Nos. 10-3597 & 10-3598 (7th Cir. June 28, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Federal Reporter, Option (finance), Secured creditor, Secured loan, US Code, Title 11 of the US Code, Fifth Circuit, Third Circuit, Seventh Circuit
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Seventh Circuit hears lenders’ shout “Give me credit, will ya!”
    2011-08-03

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Credit (finance), Secured loan, United States bankruptcy court, Seventh Circuit
    Authors:
    Rachael Ringer
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Surviving the downturn
    2009-02-02

    Survival  

    Debt maturity profile Companies should ensure that they have a very clear understanding of the timing of their cash needs and in particular of the maturity profile of their debt – when does debt fall due and when will refinancing be required?  

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Bond (finance), Market liquidity, Covenant (law), Consideration, Hedge funds, Debt, Insider trading, Stock exchange, Joint venture, Maturity (finance), Refinancing, Tender offer, Secured loan
    Location:
    Asia-Pacific
    Firm:
    Freshfields Bruckhaus Deringer
    Finance and secured lending in Austria
    2017-05-09

    Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

    Trends and regulatory climate

    TrendsWhat is the current state of the lending market in your jurisdiction and have any new trends emerged over the last 12 months?Austria

    Filed under:
    Austria, Global, Banking, Insolvency & Restructuring, Real Estate, Securitization & Structured Finance, DORDA, Secured loan
    Authors:
    Andreas Zahradnik
    Location:
    Austria, Global
    Firm:
    DORDA
    Classes in a Creditors Scheme - Different Tranches, Different Treatment, Same Class
    2017-06-01

    The proposed schemes of arrangement for certain creditors of Boart Longyear Limited (BLY) - following very recent decisions in New South Wales at trial and now appellate level - are significant for restructuring and distressed investing professionals transacting in Australia. In particular, those decisions explore the principles for separation of affected creditors into classes, and highlight that different treatment of creditors in the same class does not of itself lead to division of those differently treated creditors into separate classes.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Baker McKenzie, Default (finance), Secured loan
    Location:
    Australia
    Firm:
    Baker McKenzie
    Controversial scheme classes decision in Boart Longyear restructuring
    2017-05-25

    In a recent landmark decision, Re Boart Longyear Limited [2017] NSWSC 567, the New South Wales Supreme Court granted orders to convene creditor meetings for two schemes of arrangement in respect of the restructuring plan of Boart Longyear Limited.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Secured loan, New South Wales Supreme Court
    Authors:
    Paul Apáthy , Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Paris Court of Appeal
    Authors:
    Hervé Diogo Amengual , Xavier Farde , Etienne Gentil
    Location:
    France
    Firm:
    Latham & Watkins LLP
    Lessons from the Crafar receivership: Part Two
    2011-05-13

    Big receiverships often test legal boundaries, and the Crafar group receivership is no exception.  Gibson & Stiassny v StockCo & Ors1  is the longest decision to date on the Personal Property Securities Act 1999 (PPSA). 

    Although the facts are complex, the practical take-outs are fairly simple:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Debtor, Collateral (finance), Security (finance), Interest, Secured loan
    Authors:
    Michael Arthur , Matthew Yarnell , Geoff Carter
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    When a secured loan turns into unsecured debt: the irreversibility of discharged registrations
    2015-02-05

    A discharge is effective whether or not the secured party intended to discharge that particular registration.  That was the decision of the United States Court of Appeals for the Second Circuit,1 which left JP Morgan unsecured for $1.5 billion as a result of a paperwork mix-up. Case law in Ontario and elsewhere in Canada suggests that the decision here would be the same.  Conseq

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, DLA Piper, Unsecured debt, Secured loan
    Authors:
    M. Sandra Appel
    Location:
    Canada, USA
    Firm:
    DLA Piper
    Demanding repayment of loans and reasonable notice – back to the future
    2011-04-19

    introduction

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, McMillan LLP, Credit (finance), Debtor, Waiver, Common law, Line of credit, Secured creditor, Secured loan, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Waël Rostom
    Location:
    Canada
    Firm:
    McMillan LLP

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