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    Significant ruling gives Chapter 11 debtors new leverage over secured creditors
    2015-01-27

    The Bankruptcy Code's so-called "cramdown" statute provides debtors with a significant tool that can be used to impose a reorganization plan upon recalcitrant secured lenders, subject to fulfillment of certain requirements. In particular, Section 1129(b) of the Bankruptcy Code allows a bankruptcy court to approve a debtor's reorganization plan over the objections of a secured creditor so long as the plan is "fair and equitable" to the creditor.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark A. McDermott , Ron E. Meisler , David M. Turetsky
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Show me the money – courts in the Second Circuit continue to apply section 109 to Chapter 15 cases and cash in the bank does the job
    2015-01-20

    In December 2013, the Court of Appeals for the Second Circuit held that section 109 of the Bankruptcy Code was applicable to Chapter 15 cases.  In Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Title 11 of the US Code, Second Circuit
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Common provisions in a Chapter 11 plan prevent lender from collecting from the owner of the debtor
    2015-01-05

    In a case that should cause lenders heartburn, the United States District Court for the Western District of North Carolina recently ruled that common provisions in a Chapter 11 plan prevented the debtor’s lender from executing on a judgment against the non-debtor owner of the debtor.1 Biltmore is a corporation2 that operates manufactured home parks and sells and rents manufactured homes. McGee is the president and controlling shareholder of Biltmore. Biltmore filed Chapter 11 in January of 2011, and TD Bank was Biltmore’s largest secured creditor.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Shareholder, Debtor, Title 11 of the US Code
    Authors:
    Robin E. Phelan , Ian T. Peck
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    ABI Commission proposes changes that would change bankruptcy for secured creditors
    2014-12-19

    Changes may be coming to the Bankruptcy Code that may affect secured creditors.[1] In 2012, the American Bankruptcy Institute established a Commission to Study the Reform of Chapter 11 (the “ABI Commission”). The ABI Commission is composed of many well-respected restructuring practitioners, including two of the original drafters of the Bankruptcy Code, whose advice holds great weight in the restructuring community.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Debtor, Collateral (finance), Debt, Foreclosure, Secured creditor, Title 11 of the US Code
    Authors:
    B. Taber Cathcart , David A. Wender , Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird LLP
    ABI Commission proposes changes to Bankruptcy Code safe harbors
    2014-12-15

    Changes may be coming to the Bankruptcy Code’s safe harbor provisions.[1] In 2012 the American Bankruptcy Institute established a Commission to Study the Reform of Chapter 11 (the “ABI Commission”), composed of many well-respected restructuring practitioners, including two of the original drafters of the Bankruptcy Code, whose advice holds great weight in the restructuring community.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Security (finance), Safe harbor (law), Mortgage-backed security, Title 11 of the US Code
    Authors:
    Shanell Cramer , Aimee M. Cummo , Jonathan T. Edwards , Karen Gelernt , William S. Sugden , David A. Wender
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The ABI Commission to study the reform of Chapter 11 issues its Final Report and Recommendations
    2014-12-09

    The American Bankruptcy Institute Commission to Study the Reform of Chapter 11 today released its long-awaited, much-anticipated Final Report and Recommendations.

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Title 11 of the US Code
    Authors:
    Ronit J. Berkovich
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    House passes Financial Institution Bankruptcy Act of 2014 and takes significant step towards establishing a separate bankruptcy process for bank holding companies and large financial institutions
    2014-12-02

    While some of us may have had turkey on the mind over the last few days following the Thanksgiving holiday, members of the U.S. House of Representatives clearly had more important things than turkey to ponder. Just yesterday, December 1, 2014, the House passed H.R. 5421, the Financial Institution Bankruptcy Act of 2014.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bank holding company, US House of Representatives, US House Committee on the Judiciary, Title 11 of the US Code
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy Court approves non-market cramdown rate on Momentive secured creditors
    2014-10-15

    On Aug.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Supreme Court’s denial of certiorari strengthens intellectual property licensees’ protections in cross-border insolvency cases
    2014-10-09

    Chapter 15 of the Bankruptcy Code provides mechanisms for dealing with cases of cross-border insolvency. On Oct. 6, 2014, the U.S. Supreme Court, in Jaffé v. Samsung Electronics Co., Ltd., denied review of a decision of the U.S. Court of Appeals for the Fourth Circuit, upholding a bankruptcy court’s determination that a foreign debtor in a Chapter 15 case could not terminate its intellectual property licenses under German law, where such action would deprive the licensees of the debtor’s U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Troutman Pepper, Debtor, Title 11 of the US Code
    Authors:
    Michael J. Custer , Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    Second Circuit holds that a sale by a chapter 15 debtor in a foreign main proceeding of a claim against an obligor located in the U.S. must be reviewed by the U.S. Bankruptcy Court under section 363 of the Bankruptcy Code
    2014-10-03

    On September 26, 2014, the United States Court of Appeals for the Second Circuit, overturning decisions by the Bankruptcy Court and the District Court for the Southern District of New York, held that the Bankruptcy Court was required to review under section 363 of the Bankruptcy Code the transfer of a claim by a chapter 15 debtor with a recognized foreign main proceeding pending in the British Virgin Islands (the “BVI”).1     In a case under chapter 15 of the Bankruptcy Code in which a foreign main proceeding has been recognized, section 1520(a)(2) of the Bankr

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Debtor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Brad Eric Scheler , Gary L. Kaplan , Alan N. Resnick , Jennifer L. Rodburg , Kalman Ochs
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP

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