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    Vendors beware: the importance of confirming the existence of a cash collateral order after Marathon Petroleum Co., LLC. v. Cohen
    2010-05-26

    The Eleventh Circuit recently affirmed the avoidance of nearly $2 million in postpetition payments made by debtor Delco Oil, Inc. (the "Debtor") to its petroleum supplier Marathon Petroleum Company, LLC ("Marathon").[1] The Eleventh Circuit held that funds received by Marathon from the Debtor constituted cash collateral that the Debtor had spent without the permission of either its secured lender, CapitalSource Finance ("CapitalSource"), or the bankruptcy court and, therefore, could be avoided under sections 549(a) and 363(c)(2) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Collateral (finance), Accounts receivable, Limited liability company, Personal property, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit
    Authors:
    Eric R. Goodman
    Location:
    USA
    Firm:
    BakerHostetler
    Foreclosure on UCC collateral speeds lender’s takeover of troubled real estate
    2010-05-26

    A recent bankruptcy New York court decision1 highlights a less commonly used option for lenders to take control of troubled real estate projects. The lender obtained relief from the automatic stay to foreclose on membership interests pledged to secure its mezzanine loan instead of foreclosing on its mortgage against the underlying real property.  

    Here is the case, and what lenders can learn from it.  

    The Case

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Real Estate, Herrick Feinstein LLP, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Injunction, Hedge funds, Mortgage loan, Foreclosure, Condominium, Default (finance), Secured loan, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    Stephen Selbst , Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    United States Trustee is a "party in interest" under Bankruptcy Code § 1129(d)
    2010-06-03

    IN RE: SOUTH BEACH SECURITIES (May 19, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Security (finance), Interest, Good faith, Frivolous litigation, Internal Revenue Service (USA), Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    State or federal court when evicting a bankrupt tenant?
    2010-06-03

    Many landlords are very familiar with provisions of the United States Bankruptcy Code dealing with assumption and rejection of leases. However, the particular consequences of lease rejection may not be as well known. For example, once a lease is rejected or deemed to be rejected, a landlord may not know its rights with respect to regaining possession of the leased premises. A recent case from a Florida bankruptcy court shed some light on this issue when it held that after a debtor has rejected a lease, the tenant must surrender the premises to the landlord.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Dykema Gossett PLLC, Bankruptcy, Debtor, Landlord, Leasehold estate, Limited liability company, Vacated judgment, Trustee, United States bankruptcy court, Seventh Circuit
    Authors:
    Robert D. Nachman , Neil T. Neumark
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Specialty Products Holding Corp. seeks bankruptcy protection in response to asbestos litigation
    2010-06-02

    Introduction

    On May 31, 2010, Specialty Products Holding Corp ("SPHC" or the "Debtor"), filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware. This post is one of two posts regarding the SPHC bankruptcy. The first post will look at the Debtor's businesses and events leading up to the bankruptcy filing, while a second post will look at how SPHC intends to deal with the large volume of asbestos claims that forced it to file for bankruptcy.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Fox Rothschild LLP, Bankruptcy, Credit (finance), Debtor, Holding company, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Courts restrict secured creditors' right to credit bid at bankruptcy sales
    2010-06-01

    The Third Circuit recently held that a bankruptcy court may confirm a Chapter 11 plan that includes a sale of assets in which secured creditors are not permitted to “credit bid” for the assets. In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3d Cir. 2010). In that case, the debtors in possession, companies that own and operate the Philadelphia Inquirer and Philadelphia Daily News, moved the bankruptcy court to approve bid procedures for an auction of the debtors’ assets. Id. at 302.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Credit (finance), Debtor, Federal Reporter, Debt, Secured creditor, Secured loan, US Congress, US Code, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Darren A. Craig
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Chem Rx files for bankruptcy hoping to either reorganize or conduct a 363 sale of assets
    2010-05-31

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Market liquidity, Marketing, Debt, Investment banking, Line of credit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Landsource Communities Development commences preference actions
    2010-06-10

    Recently, the LandSource Creditor Litigation Liquidating Trust (the "Litigation Trust"), commenced various avoidance actions in the United States Bankruptcy Court for the District of Delaware. This post will look briefly at the events leading to the commencement of this bankruptcy proceeding. Further, the post will look at some of the issues that confronted the Debtor during the reorganization process.

    Background

    Filed under:
    USA, Delaware, Construction, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Credit (finance), Unsecured debt, Debt, Economy, Liquidation, Debtor in possession, Barclays, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    What a difference the right “players” can make - major sports franchises in Chapter 11
    2010-06-10

    The intersection between major league sports franchises and Chapter 11 was something, a few years ago, that many thought was unlikely at best and virtually impossible at worst. With the value of marquee major league sports franchises on the rise, coupled with rising real estate values, rising television and radio revenues, rising corporate box and license revenues, few thought that trouble was in their future.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Litigation, Media & Entertainment, Manatt Phelps & Phillips LLP, Implied consent, United States bankruptcy court, US District Court for Northern District of Texas
    Authors:
    Ivan L. Kallick
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    Implications for asbestos-related future claims: in re Grossman's Inc.
    2010-06-09

    INTRODUCTION

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Bankruptcy, Debtor, Federal Reporter, Due process, Negligence, Warranty, Precondition, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, Third Circuit, Fourth Circuit
    Authors:
    Robert B. Millner , Carole Neville , Christopher D. Soper
    Location:
    USA
    Firm:
    Dentons

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