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    Weathering the storm: Fifth Circuit permits artificial impairment of unsecured trade creditors to cram down plan acceptance on secured lender
    2013-03-07

    Bankruptcy Code § 1129(a)(10) provides that in order for a plan proponent to “cram down” - i.e., force acceptance of - a plan of reorganization on a dissenting class of creditors, at least one impaired class of creditors must vote in favor of the plan. Because a plan is often not accepted by all classes entitled to vote, the ability to procure at least one impaired, accepting class in order to cram down a dissenting class is essential in achieving plan confirmation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Debtor, Unsecured debt, Interest, Secured loan, United States bankruptcy court, Fifth Circuit
    Authors:
    Stephen Pezanosky , Trevor Hoffmann , John D. Beck , Yonit Caplow
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    U.S. District Court reverses U.S. Bankruptcy Court decision allowing Illinois mortgage to be avoided for failure to state interest rate and maturity date
    2013-03-01

    In a ruling on February 28, 2013, the U.S. District Court for the Central District of Illinois reversed the February 29, 2012 order of the U.S. Bankruptcy Court for the Central District of Illinois allowing a bankruptcy trustee to avoid an Illinois mortgage as to unsecured creditors for lack of “constructive notice” because the mortgage did not expressly state the maturity date of and interest rate on the underlying debt (In Re Crane, Case 12-2146, U.S. Dist. Ct., C.D. IL, February 28, 2013).

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Unsecured debt, Mortgage loan, Maturity (finance), Constructive notice, United States bankruptcy court
    Authors:
    Michael S. Kurtzon , Matthew S. Raczkowski , Michael D. Rothstein
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Separation of claims solely on the basis of personal guaranty not permitted
    2013-02-18

    In re 18 RVC, LLC, Case No. 812-72378-reg (Bankr. E.D.N.Y., Oct. 22, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Secured creditor, Wells Fargo, United States bankruptcy court
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Strategic Growth Bancorp’s acquisition and recapitalization of mile high banks in a section 363 sale
    2013-02-13

    On December 31, 2012, Strategic Growth Bancorp Inc. (“Strategic Growth”), an El Paso, Texas-based bank holding company, acquired Mile High Banks (the “Bank”), a Colorado community bank, from the Bank’s parent, Big Sandy Holding Company (“Big Sandy”), through an auction process conducted pursuant to section 363 of the Bankruptcy Code. Davis Polk represented Strategic Growth and advised on the complex and overlapping bankruptcy, mergers and acquisitions, credit, tax and bank regulatory issues presented by the transaction.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Davis Polk & Wardwell LLP, Bankruptcy, Credit (finance), Unsecured debt, Bank holding company, Federal Deposit Insurance Corporation (USA)
    Authors:
    Luigi L De Ghenghi , Kathleen L. Ferrell , Damian S. Schaible , William L. Taylor , Darren S. Klein , P. Alexandre de Richemont
    Location:
    USA
    Firm:
    Davis Polk & Wardwell LLP
    Discrimination in classification of claims okay, so long as not unfair discrimination
    2013-02-18

    In re Sea Trail Corporation, Case No. 11-07370- 8-SWH (Bankr. E.D.N.C., Oct. 23, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Reed Smith LLP, Shareholder, Debtor, Unsecured debt, Discrimination, Market liquidity, Liquidation
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Absolute priority rule absolutism? Strict interpretation of Bankruptcy Code cramdown provisions nearly causes Hawker Beechcraft plan confirmation to skid along the runway
    2013-02-08

    By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support of the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Unsecured debt, Holding company
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    It's in the contract: allowance of post-petition claims for attorneys' fees by unsecured creditors
    2013-02-06

    Recent Second Circuit and Ninth Circuit opinions highlight the dispute over whether or not the Bankruptcy Code authorizes allowance of claims for post-petition legal fees incurred by unsecured creditors. Specifically, while not all Circuits agree, in the wake of the 2007 United States Supreme Court decision Travelers Casualty & Surety Co. of North America v. Pacific Gas & Electric Co., 549 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Unsecured debt, Unsecured creditor, Supreme Court of the United States, Ninth Circuit
    Authors:
    Robin Bicket White
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Secured blanket lien on inventory trumps reclamation rights
    2012-10-15

    In re Furrs Supermarkets, Inc., No. 11-01-10779 SA (Bankr. D.N.M. Aug. 15, 2012)

    CASE SNAPSHOT

    Filed under:
    USA, New Mexico, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Secured creditor, Unsecured creditor
    Authors:
    Jared S. Roach
    Location:
    USA
    Firm:
    Reed Smith LLP
    Third Circuit clarifies burden of proof analysis under section 506(a) valuation, and allows lien stripping in chapter 11
    2012-10-15

    In re Heritage Highgate, 679 F.3d 132 (3d Cir. 2012)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Collateral (finance), Legal burden of proof, Fair market value, Secured creditor, Third Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Property interests / subordination: plan ahead, or you may be stuck behind
    2012-09-13

    Scotiabank De Puerto Rico v. Brito (In re Plaza Resort at Palmas), 469 B.R. 398 (B.A.P. 1st Cir. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Unsecured debt, Scotiabank
    Location:
    USA
    Firm:
    Troutman Pepper

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