Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Avoidance of pre-insolvency overcollateralisation?
    2015-04-09

    Our legislation prohibits (as unconscionable) clauses that, while not negotiated with consumers, require “collateral disproportionate to the risk assumed” (art. 88(1) of the Spanish Consumer and User Protection Act). Note that this rule has not been the subject of any case law development and that the clause that paradoxically could yield to art.

    Filed under:
    Spain, Insolvency & Restructuring, Securitization & Structured Finance, Gomez-Acebo & Pombo Abogados, Debtor, Collateral (finance)
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Restructuring the next wave of cov-lite debt
    2019-07-11

    With cov-lite financings at record highs, debt holders will need to be proactive in maximising recoveries

    Will the last person leaving please turn out the lites?

    Cov-lite loans can leave lenders with limited restructuring options, but creative lenders will still find ways to bring debtors to the table, partners Ian Wallace and Christian Pilkington of global law firm White & Case LLP explain

    Filed under:
    European Union, United Kingdom, USA, Banking, Insolvency & Restructuring, Securitization & Structured Finance, White & Case LLP, Debtor, Private equity
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case LLP
    Court provides senior creditors with an additional mechanism for obtaining the right to vote a junior creditor's claim in a bank
    2011-04-25

    A senior creditor can obtain significant leverage over a chapter 11 debtor if it is able to vote not only its claim but the claims of junior creditors in connection with the solicitation of a plan of reorganization. Obtaining such leverage, however, has proven problematic in the past. Among other things, courts have been reluctant to enforce pre-bankruptcy assignments or waivers of voting rights contained in intercreditor agreements, holding that such assignments or waivers may violate the Bankruptcy Code and rules. In Avondale Gateway Center Entitlement, LLC v.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Surety, Debtor, Waiver, Limited liability company, Debt, Leverage (finance), United States bankruptcy court
    Authors:
    Roberto J. Kampfner
    Location:
    USA
    Firm:
    White & Case LLP
    Do the recent rulings in the general growth properties bankruptcy spell doom for equipment debt securitizations?
    2009-12-18

    Not necessarily so, according to the recent rulings of Southern District of New York Bankruptcy Judge Allan Gropper in the US$27 billion General Growth Properties Chapter 11 bankruptcy—at least with respect to the issue of substantive consolidation.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Public company, Bankruptcy, Debtor, Collateral (finance), Interest, Debt, Underwriting, Default (finance), Subsidiary, Secured loan, Credit rating agency, United States bankruptcy court
    Authors:
    James Cairns
    Location:
    USA
    Firm:
    White & Case LLP
    Sigma Finance Corporation: substituting a commercial bargain through the guise of interpretation?
    2009-11-06

    The first appeal ruling from the newly formed UK Supreme Court concerned the construction of a clause setting out the distribution of assets in a collapsed structured investment vehicle (“SIV”). For the creditors attempting to salvage the remains of the SIV, and onlookers in similar situations, the judicial process has been a rollercoaster ride which has left them reeling.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Security (finance), Market liquidity, Margin (finance), Subprime lending, Deed, Liability (financial accounting), Majority opinion, SCOTUS, Court of Appeal of England & Wales, High Court of Justice, UK Supreme Court, Trustee
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    Chapter 11 ruling calls into question basic tenets of securitization structures
    2009-05-29

    On May 14, 2009, Judge Allan Gropper of the US Bankruptcy Court, Southern District of New York, approved a US$400 million DIP financing package in the US$27 billion General Growth Properties, Inc. (“GGP”) Chapter 11 case. Judge Gropper’s ruling also included approval of GGP’s proposal to use cash flow generated by shopping centers, structured by GGP as bankruptcy remote, special purpose entities, to fund GGP’s ongoing central operations while in bankruptcy.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Bankruptcy, Debtor, Collateral (finance), Debt, Asset-backed security, Cashflow, Subsidiary, Commercial mortgage-backed security, Credit rating, Credit rating agency, United States bankruptcy court
    Authors:
    David Thatch , Scott Berger
    Location:
    USA
    Firm:
    White & Case LLP
    Funds Talk: June 2017
    2017-06-01

    Funds Talk: June 2017

     

    Topics covered in this issue include:

    Filed under:
    USA, New York, Capital Markets, Derivatives, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP, Computer security, Seventh Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Citibank v. Norske: Enjoining Violations of Indentures? — Not So Fast
    2016-05-31

    A recent case out of the Southern District of New York, Citibank, NA, London Branch v. Norske Skogindustrier ASA(S.D.N.Y. March 8, 2016), once again illustrates the difficulty of obtaining injunctive relief against prospective indenture violations of a financially troubled issuer.

    The Facts

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Surety, Injunction, Debt, Citibank
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel 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
    Courts look closer at bankruptcy remote financing deals and find they may be lacking
    2012-01-03

    The Bottom Line:

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Accounts receivable, United States bankruptcy court, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Darren Halverson
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 14
    • Page 15
    • Page 16
    • Page 17
    • Current page 18
    • Page 19
    • Page 20
    • Page 21
    • Page 22
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days