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
    Supreme Court confirms credit bid rights of secured creditors
    2012-06-04

    The United States Supreme Court, in the case of Radlax Gateway Hotel, LLC v. Amalgamated Bank (“Radlax”), ruled that secured creditors have the same right to credit bid in collateral sales under a plan of reorganization as they do in sales under Section 363 of the Bankruptcy Code (“Section 363 Sales”).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Manatt Phelps & Phillips LLP, Credit (finance), Debtor, Collateral (finance), Secured creditor, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Carl L. Grumer
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    Supreme Court holds secured creditor has absolute right to credit bid at a plan sale
    2012-06-04

    Whether a secured creditor has an absolute right to credit bid at a sale under a chapter 11 plan has been the subject of conflicting decisions rendered by the Third, Fifth and Seventh Circuits.1 The United States Supreme Court has resolved these inconsistent rulings with its decision in RadLAX Gateway Hotel, LLC, et al., v. Amalgamated Bank, 2 which affirmed the Seventh Circuit’s holding that a secured creditor has an absolute right to credit bid in a sale under a chapter 11 plan.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Collateral (finance), Secured creditor, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Alan W Kornberg , Stephen J. Shimshak , Alice Belisle Eaton
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Fallout from law firm failure: another court rules against departing partners
    2012-06-01

    On May 24, 2012, the United States District Court for the Southern District of New York (District Court) issued an opinion with significant ramifications for law firms seeking to hire former partners from bankrupt law firms. At issue was whether, under New York partnership law, the law firms that hired former partners of Coudert Brothers LLP (Coudert), a dissolved and bankrupt law partnership, must account for profits that the former Coudert partners earned while completing work on open client matters they took with them from Coudert.

    Filed under:
    USA, New York, Insolvency & Restructuring, Legal Practice, Litigation, Wiley Rein LLP, Bankruptcy, Limited liability partnership, Dissolution (law), United States bankruptcy court
    Authors:
    Valerie P. Morrison , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP
    First impressions: defining the limits of a bankruptcy court’s discretion in Chapter 15
    2012-06-01

    October 17, 2012, will mark the seven-year anniversary of the effective date of chapter 15 of the Bankruptcy Code, which was enacted as part of the comprehensive bankruptcy reforms implemented under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy, Debtor, Consumer protection, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    TOUSA 3.0: Eleventh Circuit holds lenders to high standards
    2012-06-01

    In a much anticipated opinion,In re TOUSA, Inc., --- F.3d ----, 2012 WL 1673910 (11th Cir. May 15, 2012), the Eleventh Circuit Court of Appeals has resolved a disagreement between the Bankruptcy Court and District Court for the Southern District of Florida by upholding the Bankruptcy Court’s findings—to the chagrin of lenders, who are now arguably exposed to new liabilities and higher standards of due diligence.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Mintz, Federal Reporter, Liability (financial accounting), United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Mintz
    Supreme Court affirms secured creditors’ credit bid rights under plan
    2012-06-01

    The United States Supreme Court unanimously[1] held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan. RadLAX Gateway Hotels, LLC et al., v. Amalgamated Bank (In re River Road Hotel Partners, LLC),__S.Ct.__ No. 11-166, 2012 WL 1912197 (U.S. May 29, 2012).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Credit (finance), Debtor, Collateral (finance), Federal Reporter, Secured creditor, Supreme Court of the United States
    Authors:
    Lawrence V. Gelber , James T. Bentley
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    For bankruptcy fraud, it's not material
    2012-06-01

    Misstatements in bankruptcy filings need not be material to run afoul of 18 U.S.C. 1519, according to this opinion from the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Day Pitney LLP, Bankruptcy
    Location:
    USA
    Firm:
    Day Pitney LLP
    Supreme Court confirms that secured creditors have a presumptive right to “credit bid” in a sale of their collateral conducted pursuant to a Chapter 11 bankruptcy plan
    2012-06-01

    On May 29, 2012, the United States Supreme Court issued its much-anticipated decision in the Chapter 11 bankruptcy cases for RadLAX Gateway Hotel, LLC and its affiliate (together, the “Debtors”). The Court held that when a debtor proposes to sell a secured creditor’s collateral free and clear of the creditor’s lien pursuant to a Chapter 11 bankruptcy plan, the debtor cannot deny the creditor the opportunity to “credit bid” in the sale without cause.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Secured creditor, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Raniero D'Aversa , Jonathan P. Guy , James W. Burke
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Bankruptcy Court determines that property transfer by corporation in which debtor holds a 50% interest does not constitute a transfer of assets of the bankruptcy estate
    2012-06-01

    The United States Bankruptcy Court for the District of New Jersey recently found that a debtor’s transfer of property owned by a corporation in which the debtor allegedly held a 50% interest did not automatically constitute a transfer of assets of the debtor’s bankruptcy estate. After the debtor filed a voluntary Chapter 7 bankruptcy petition, the Chapter 7 trustee filed an adversary complaint alleging that the debtor purposefully had executed a post-petition mortgage lien on certain real property owned by a corporation of which the debtor was a 50% owner.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Interest, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Supreme Court protects credit bid in hotel bankruptcy
    2012-06-01

    How Does RadLAX Impact Conventional Chapter 11 Plan Structures?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Federal Reporter, Federal Communications Commission (USA), Bank of New York Mellon
    Authors:
    Martin J Bienenstock , Irena M Goldstein , Timothy Q Karcher
    Location:
    USA
    Firm:
    Proskauer Rose LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 941
    • Page 942
    • Page 943
    • Page 944
    • Current page 945
    • Page 946
    • Page 947
    • Page 948
    • Page 949
    • …
    • 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