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    Third Circuit Clarifies the Inner Workings of Foreclosure on Repo Collateral
    2020-01-06

    In the fifth opinion involving the repo liquidation saga of HomeBanc, the Third Circuit addressed several crucial issues involving the liquidation and valuation of repo collateral in bankruptcy. In re HomeBanc Mortg. Corp., 2019 WL 7161215 (3d Cir. Dec. 24, 2019).

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Title 11 of the US Code
    Authors:
    Shmuel Vasser , Yehuda Goor
    Location:
    USA
    Firm:
    Dechert LLP
    Appointing a Future Claims Representative: Recent Developments
    2019-10-11

    A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues is timely.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Dechert LLP
    House Bill Would Amend the Bankruptcy Code to Provide for the Resolution of Large Insolvent Financial Institutions
    2017-04-06

    A U.S. House of Representatives Bill would amend the Bankruptcy Code to establish new provisions to address the special issues raised by troubled nonbank financial institutions.

    Please click here to view table

    Filed under:
    USA, Insolvency & Restructuring, Dechert LLP, Title 11 of the US Code
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Recent Developments in Acquisition Finance
    2016-01-12

    Two recent court decisions may result in a broadening of the range of options available to an equity sponsor in respect of an insolvent portfolio company. The first decision may provide increased flexibility in structuring asset sales in certain chapter 11 settings, by utilizing escrows and other techniques to potentially avoid the need to apply asset-sale proceeds strictly in accordance with creditor priorities under the U.S. Bankruptcy Code.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, Conflict of interest, Unsecured debt, Fiduciary, Title 11 of the US Code, Delaware General Corporation Law
    Authors:
    Jeffrey M. Katz , Scott M. Zimmerman
    Location:
    USA
    Firm:
    Dechert LLP
    The Delaware Bankruptcy Court confirms that lenders in multiple-level financing structures are entitled to the protections of corporate separateness
    2012-02-03

    The Delaware Bankruptcy Court has confirmed that in multiple-debtor chapter 11 cases, the cramdown rules set forth in section 1129(a)(10) of the Bankruptcy Code must be applied on a per debtor basis as opposed to a per plan basis. See In re JER/Jameson Mezz Borrower II, LLC, No. 11-13338 (MFW), 2011 WL 6749058 (Bankr. D. Del. Dec. 22, 2011) (“Jameson”) and In re Tribune Co., No. 08-13141 (KJC), 2011 WL 5142420 (Bankr. D. Del. Oct. 31, 2011) (“Tribune”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michael J. Sage
    Location:
    USA
    Firm:
    Dechert LLP
    Recent developments in acquisition finance
    2011-12-21

    In the last several months, there have been some significant legal developments that could impact acquisition finance. This article will survey some of the more notable ones.

    In a case with implications for buyers of assets in a bankruptcy court-ordered sale under section 363(b) of the Bankruptcy Code, the Bankruptcy Court for the Southern District of New York recently issued a decision limiting the ability of manufacturers that are debtors in a bankruptcy case to sell assets free and clear of future liabilities.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Collateral (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jeffrey M. Katz , Scott M. Zimmerman
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities
    2011-05-02

    Introduction

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Shareholder, Debtor, Security (finance), Consideration, Leveraged buyout, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    6th Cir. Holds Voluntary 401(k) Contributions Are Not ‘Disposable Income’ for Chapter 13 Bankruptcy Plans
    2020-07-07

    The U.S. Court of Appeals for the Sixth Circuit recently held that wages withheld as a voluntary 401(k) contribution prior to filing bankruptcy were not considered “disposable income” under a Chapter 13 bankruptcy plan.

    A copy of the opinion in In re Camille Davis is available at: Link to Opinion.

    An individual debtor (“consumer”) filed a Chapter 13 bankruptcy with more than $200,000 in debt ($189,000 unsecured debt) and fewer than $39,000 in assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Title 11 of the US Code, Sixth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    8th Cir. BAP Reverses Disallowance of Postpetition Interest at Default Contract Rate
    2020-05-20

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently reversed a bankruptcy court’s disallowance of postpetition interest at the default contract rate, holding that “the bankruptcy court erred in applying a liquidated damages analysis and ruling the default interest rate was an unenforceable penalty,” and also erred in weighing “equitable considerations” to avoid enforcing the contractual default interest rate.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Title 11 of the US Code
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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