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    Fifth Circuit finds undersecured creditor waived right to credit bid
    2015-05-11

    An undersecured creditor (“C”) intending to credit bid at a sale of the debtor’s unencumbered property must give “notice” of its intent to the bankruptcy trustee, held the U.S. Court of Appeals for the Fifth Circuit on April 23, 2015. In re R.L. Adkins Corp., 2015 WL 1873137 (5th Cir. April 23, 2015). Affirming the bankruptcy and district courts’ denials of C’s belated request, the Fifth Circuit held that C “failed to exercise” its right to credit bid at a sale of its collateral.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Fifth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Jefferson County: state rate setting authority vs. the bankruptcy code
    2015-05-11

    Recently the Eleventh Circuit agreed to hear Jefferson County’s (“JeffCo”) petition for appeal of U.S. District Court Judge Sharon Blackburn’s ruling refusing to dismiss one of three appeals filed by JeffCo’s sewer system ratepayers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Constitutionality, United States bankruptcy court, Eleventh Circuit
    Authors:
    Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Oak Rock Financial District Court addresses the applicable legal standard for true participation agreements
    2015-05-11

    © 2015 Hunton & Williams LLP 1 May 2015 Oak Rock Financial District Court Addresses the Applicable Legal Standard for True Participation Agreements The United States District Court for the Eastern District of New York recently applied two tests, the True Participation Test and the Disguised Loan Test, to determine whether agreements were true participation agreements or disguised loans.1 In addition, the District Court noted that the most important question in such a determination is the risk of loss allocation in the transaction, and that if an alleged participant is not subject to the

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    OAS update: Bankruptcy Court grants limited temporary relief in Chapter 15 case
    2015-05-05

    Background: Grupo OAS, a Brazilian construction conglomerate linked to a massive corruption scandal (“OAS”), filed for Chapter 15 creditor protection in the Bankruptcy Court for the Southern District of New York on April 15, 2015, two weeks after entering bankruptcy in Brazil. If “recognized” by Bankruptcy Judge Stuart Bernstein, the Chapter 15 petition would, among other things, essentially bind OAS creditors in the United States to the restructuring terms approved by the Brazilian court overseeing OAS’s reorganization.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, King & Spalding LLP, United States bankruptcy court
    Authors:
    Arthur J. Steinberg , Harry Burnett , Jennifer A. Asher
    Location:
    USA
    Firm:
    King & Spalding LLP
    The opera ain’t over…denial of plan confirmation held not appealable as a “final order”
    2015-05-05

    People are generally familiar with the concept that a party’s right to appeal applies to those orders that are “final.” A “final” order is one that resolves or disposes of the disputes between the parties. While an interlocutory order may be appealable at the discretion of the appellate court, the aggrieved party has no absolute right to appeal an order that is not “final.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy Appellate Panel
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Access to commercially sensitive information in bankruptcy
    2015-05-05

    To Seal or Not To Seal: Access To Commercially Sensitive Information In Bankruptcy Proceedings

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, DelCotto Law Group PLLC, Fair use
    Authors:
    Jamie L. Harris
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Payments to investors in a securitization structure protected from avoidance
    2015-05-05

    In what appears to be a matter of first impression, the U.S. Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in a two tiered securitization structure commonly employed in commercial mortgage-backed securitization (“CMBS”) transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e). Specifically, in Krol v.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Dechert LLP, Security (finance), Commercial mortgage-backed security
    Location:
    USA
    Firm:
    Dechert LLP
    Plan confirmation feasibility: “I know it when I see it”?
    2015-05-05

    In re Brandywine Towhouses, Inc., 524 B.R. 889 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Fleshing out creditor derivative standing in Delaware
    2015-05-06

    The Court of Chancery issues a liberal ruling on creditor derivative standing and more obsequies for the “zone of insolvency.” 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Fiduciary, Standing (law)
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Social media assets in bankruptcy: Facebook and Twitter accounts subject to reach of creditors
    2015-05-06

    Social media accounts can be “property of the estate” in a bankruptcy case of a business, and thus belong to the business, even when the contents of the accounts are intermingled with personal content of managers and owners. This principle was recently confirmed by the Bankruptcy Court for the Southern District of Texas in In re CTLI, LLC (Bankr. S.D. Tex. Apr.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Morrison & Foerster LLP
    Authors:
    Larry Engel , Vincent J. Novak
    Location:
    USA
    Firm:
    Morrison & Foerster LLP

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