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    SDNY Bankruptcy Court rules that Borders gift card holders are not “known creditors” entitled to actual notice of a bankruptcy bar date
    2012-08-31

    Judge Martin Glenn of the Bankruptcy Court for the Southern District of New York recently ruled that Borders gift card holders did not qualify as “known creditors.” The Court concluded that the gift card holders were entitled only to publication notice rather than actual notice of the bar date for filing bankruptcy claims in Borders’ chapter 11 case.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Unsecured debt, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Automatic stay
    2012-08-23

    Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Chapter 11 secured loans: “lien stripping” lives
    2012-08-21

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

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    Sixth Circuit voids reaffirmation agreement under Kentucky law
    2012-08-09

    In Salyersville Nat’l Bank v. Bailey (In re Bailey), 664 F.3d 1026 (6th Cir.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Debtor, Unsecured debt, Collateral (finance), Debt, Unsecured creditor, United States bankruptcy court, Sixth Circuit
    Authors:
    Ali Razzaghi
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    RadLAX Gateway Hotel, LLC v. Amalgamated Bank: will the Supreme Court's decision regarding a secured creditor's right to credit bid affect unsecured creditors?
    2012-08-04

    In RadLAX Gateway Hotel, LLC v. Amalgamated Bank, the United States Supreme Court addressed the issue of “whether a Chapter 11 bankruptcy plan may be confirmed over the objection of a secured creditor pursuant to 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Munsch Hardt Kopf & Harr PC, Debtor, Unsecured debt, Secured creditor, Title 11 of the US Code, Supreme Court of the United States, Seventh Circuit
    Authors:
    Joseph J. Wielebinski , Zachery Z. Annable
    Location:
    USA
    Firm:
    Munsch Hardt Kopf & Harr PC
    Section 506(a): why “wait-and-see” won’t work to value secured-creditor claims
    2012-08-01

    Section 506(a) of the Bankruptcy Code contemplates bifurcation of a debtor's obligation to a secured creditor into secured and unsecured claims, depending on the value of the collateral securing the debt. The term "value," however, is not defined in the Bankruptcy Code, and bankruptcy courts vary in their approaches to the meaning of the term. In In re Heritage Highgate, Inc., 679 F.3d 132 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Unsecured debt, Collateral (finance), Fair market value, Secured creditor, United States bankruptcy court, Third Circuit
    Authors:
    Lauren M. Buonome , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    If it seems too good to be true…the Eleventh Circuit hammers the hopeful unsecured lender
    2012-07-20

    Every lender sincerely hopes that, even when its borrower is flat on the floor and seems down for the proverbial count, the borrower will still find the wherewithal to repay it. A lender often starts counting the days after it is repaid until the 90-day preference period (11 U.S.C. §547) has passed. The lender generally breathes a sigh of relief on the 91st day, confident that if its borrower files for bankruptcy, the money paid to the lender is safe from being clawed back by the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Bankruptcy, Debtor, Unsecured debt, Citigroup, Eleventh Circuit
    Authors:
    Richard S. Rosenstein
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Second Circuit upholds the designation of claim purchaser’s vote on DBSD plan
    2012-07-24

    The Second Circuit recently issued its opinion in the DBSD N.A., Inc. bankruptcy case addressing several bankruptcy issues that have received wide-spread reporting, including the validity of the "gifting” doctrine and the standing of an "out of the money" creditor to object to confirmation of a chapter 11 plan. A lesser publicized issue addressed in the decision, but one that should signal a warning to claim purchaser’s of bankrupt companies, was the designation of a vote of DISH Network Inc. on DBSD's plan under section 1126(e) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Dish Network, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Judge Gropper denies the appointment of an official committee of equity holders in Kodak’s Chapter 11 cases
    2012-07-16

    On June 28, 2012, Judge Allan Gropper of the United States Bankruptcy Court for the Southern District of New York declined to appoint an official committee of equity holders in Kodak’s chapter 11 cases.  The bankruptcy court determined that the appointment of an official committee was not warranted at that time, given that the costs to the bankruptcy estates would be substantial and equity’s interests were already represented by other constituencies seeking to maximize value and by a sophisticatedad hoc group of shareholders.  In re Eastman Kodak Company, Case No

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    TOUSA: Eleventh Circuit upholds fraudulent transfer opinion against lenders
    2012-05-31

    On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued a decision[1]  in the much-watched litigation involving the residential construction company, TOUSA, Inc. ("TOUSA"). The decision reversed the prior decision of the District Court, [2] reinstating the ruling of the Bankruptcy Court.[3]

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Credit (finance), Unsecured debt, Debt, Subsidiary, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit
    Authors:
    Robert J. Graves (Bob) , Vanessa G. Spiro , Barry A. Jacobs
    Location:
    USA
    Firm:
    Jones Day

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