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    Junior Lienholders' Interests Extinguished in a "Free and Clear" Sale
    2017-02-16

    State and federal laws provide numerous protections to secured parties to preserve their interests in collateral.  As secured parties well know, however, these protections become more and more limited when the collateral is pledged to multiple secured parties.  Issues, like priority of interests and liens, become more prevalent when the collateral at issue falls in value and multiple secured parties are fighting to enforce their interests in order to satisfy their debts.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Second Circuit Reverses Lower Court's Restrictions on the Restructuring of Bondholder Rights in Marblegate
    2017-02-16

    Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York’s decision in Marblegate Asset Management, LLC v. Education Management Finance Corp., 111 F. Supp.3d 542 (S.D.N.Y. 2015) (“Marblegate II”). The Second Circuit held in Marblegate Asset Management, LLC v. Education Management Finance Corp., No. 15-2124, 2017 U.S. App. LEXIS 782 (2d Cir. Jan.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Higher Education Act 1965 (USA), Second Circuit, US District Court for the Southern District of New York
    Authors:
    Paul D. Moore , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP
    Gresk v. Bulmer (In re Bulmer)
    2017-02-16

    (Bankr. S.D. Ind. Feb. 10, 2017)

    The bankruptcy court enters judgment in favor of the debtor on the trustee’s claims to avoid transfers of real property, but the court enters judgment in favor of the trustee on the claim under 11 U.S.C. § 727(a)(4) and denies the debtor a discharge. The court finds that the debtor made a false oath on his statement of financial affairs with reckless disregard for the truth. The debtor had transferred property prior to his divorce but claimed those transfers were made as a result of the divorce. Opinion below.

    Judge: Moberly

    Filed under:
    USA, Indiana, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Ohio Public Law Update - February 2017
    2017-02-16

    Downtown Redevelopment Districts

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Public, Real Estate, Shipping & Transport, Tax, Squire Patton Boggs, Ohio Supreme Court
    Authors:
    Pamela I. Hanover , D. Bruce Gabriel , Robert D. Labes , John S. Larson , L. Todd Gibson , Ryan K. Callender , Richard D. Manoloff , Alex Shumate , Michael L. Sharb
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy Court Requires Disclosure of Private Funds’ 10-Percent Owners
    2017-02-13

    In a December 9, 2016 ruling, in In re Motors Liquidation Co.,2 the United States Bankruptcy Court for the Southern District of New York denied the motion of a group of creditor private funds and registered funds (the “Funds”) seeking to redact or seal the names of parties holding 10 percent or more of the Funds’ equity interests from their corporate ownership statements and required them to disclose the ownership information in a public filing without redactions.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Investment funds, Title 11 of the US Code
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Ninth Circuit Holds That Rule Allowing Curing Debtors to Avoid Contractual Post-Default Interest Is No Longer Valid
    2017-02-14

    The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to curing and reinstating such promissory note under a Chapter 11 plan. In Pacifica L 51 LLC v. New Investments Inc. (In re New Investments, Inc.), 840 F.3d 1137 (9th Cir. 2016), the Ninth Circuit held that its prior rule of allowing a curing debtor to avoid a contractual post-default interest rate in a loan agreement—as decided in Great Western Bank & Trust v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, BakerHostetler, Ninth Circuit
    Authors:
    Eric R. Goodman , Joseph M. Esmont
    Location:
    USA
    Firm:
    BakerHostetler
    Cox v. Nostaw, Inc. (In re Central Illinois Energy Cooperative)
    2017-02-14

    (7th Cir. Feb. 8, 2017)

    The Seventh Circuit denies the trustee’s motion to dismiss his appeal and remand so that the bankruptcy court could approve the settlement between the parties, as the bankruptcy court recently indicated that it would approve the settlement. The court denies the motion because Appellate Procedure Rule 12.1 requires that the district court indicate that it would grant the same relief as the bankruptcy court. Opinion below.

    Judge: Ripple

    Attorneys for Trustee: Riordan, Fulkerson, Hupert & Coleman, Alan Fulkerson

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    T&E Litigation Newsletter- 2/14/17
    2017-02-14

    Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts.   

    Filed under:
    USA, Massachusetts, Family, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Goulston & Storrs PC, Subject-matter jurisdiction
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    7th Cir. Rejects ‘Anti-Tying’ Challenge to Software Company’s Required Use of Bank
    2017-02-08

    The U.S. Court of Appeals for the Seventh Circuit recently held that a bank’s relationship with a software services company, under which the software services company required its customers to use the bank for the depositary services ancillary to the software, did not violate anti-tying provisions of the federal Bank Holding Company Act, at 12 U.S.C. § 1972.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Bank Holding Company Act 1956 (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
    2017-02-09

    The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities in bankruptcy) is a recognized remedy exercised by bankruptcy courts – one that strikes fear into the hearts of many lenders. Justifiably so. The doctrine can be employed to order the substantive consolidation of related-debtor entities in bankruptcy and it can also be employed to substantively consolidate the assets of a debtor in bankruptcy with those of a related entity that is not a debtor in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Krystyna Blakeslee , Fatima Mohammed , Alexandra M. Hill
    Location:
    USA
    Firm:
    Dechert LLP

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