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    What are courts doing with "negative equity"?
    2009-10-05

    In our update of October 20, 2008, we reported on whether "negative equity" can be part of a purchase money security interest. (http://www.masudafunai.com/showarticle.aspx?Show=3093) "Negative equity" is the excess of the amount owed on a trade-in item over the market value of the item.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Federal Reporter, Holding company, Market value, Uniform Commercial Code (USA)
    Authors:
    Stephen M. Proctor
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Delaware bankruptcy court’s Pillowtex decision favors preference defendant relying on subsequent new value defense
    2009-10-20

    The October 15, 2009 decision of the US Bankruptcy Court for the District of Delaware in In re Pillowtex opens the door for creditors in the Third Circuit to increase their "new value" preference defense under the "subsequent advance" approach.In re Pillowtex, No. 03-12339 (Bankr. D. Del. filed Oct. 15, 2009).

    A trustee’s power to avoid preference payments is circumscribed by the statutory defenses set forth in section 547(c) of the Bankruptcy Code. The "subsequent new value" defense set forth in section 547(c)(4) has three well-established elements:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Federal Reporter, Westlaw, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Recent significant commercial bankruptcy filings
    2009-10-19

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE

    Accuride Corp., an Evansville, Ind.-based maker of medium- and heavy-duty steel and aluminum wheels may file for bankruptcy under a prearranged agreement with bondholders and senior lenders.  

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bond (finance), Bankruptcy, Shareholder, Debtor, Unsecured debt, Limited liability company, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Lyondell Chemical Co. bankruptcy update
    2009-10-16

    On October 2, the official committee of unsecured creditors in the chapter 11 cases of Lyondell Chemical Co. filed a motion for the appointment of an examiner in the U.S. Bankruptcy Court for the Southern District of New York. The committee asserts that an examiner is needed to investigate allegations of a conflicted rights offering sponsor, the debtors’ refusal to refinance the debtor-in-possession credit facility, and the debtors’ refusal to formulate a plan of reorganization with an appropriate reserve for unsecured creditors pending resolution of the committee’s adversary proceeding.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Refinancing, Line of credit, Trustee, United States bankruptcy court
    Authors:
    Fred W. Baggett
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    What happens when your organization is ‘in the zone?’
    2009-10-28

    In a troubled economy where businesses are struggling to survive, it is no surprise that many organizations find themselves insolvent or nearly insolvent. Directors of insolvent or nearly insolvent organizations are facing the question of to whom they owe their duty of loyalty, and whose best interest must they consider when making decisions. When in the zone of insolvency, directors still owe a duty to stakeholders to act in their best interests.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Shareholder, Unsecured debt, Breach of contract, Fiduciary, Board of directors, Consideration, Economy, Duty of care, Delaware Supreme Court
    Authors:
    Kevin M. Kinross
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Recent significant commercial bankruptcy filings
    2009-10-26

    The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.  

    AUTOMOTIVE  

    Holley Performance Products, four affiliates file for Chapter 11 protection for the second time.  

    AUTOMOTIVE COMPONENTS

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Debt, Parent company, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Distressed portfolio companies: potential litigation aftermath for sponsors
    2009-11-04

    Introduction
    Fraudulent Leveraged Buy-Outs
    Operating Company/Property Company
    Dividend Recapitalizations
    Deepening Insolvency
    Comment


    Introduction

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Arnold & Porter, Bankruptcy, Unsecured debt, Private equity, Dividends, Debt, Leveraged buyout, Default (finance), Leverage (finance), Buyout
    Location:
    USA
    Firm:
    Arnold & Porter
    Recent significant commercial bankruptcy filings
    2009-11-16

    Masuda Funai routinely represents creditors in bankruptcy proceedings in order to protect their contractual and legal interests and rights to payment. The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.

    AUTOMOTIVE

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Credit card, Bankruptcy, Debtor, Unsecured debt, Ally Financial, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Proofs of claim and objections - tricks of the trade revisited
    2009-11-20

    Filing a successful proof of claim is the key to unlocking a creditor's right to recover against a debtor in bankruptcy. Only in limited circumstances may a creditor recover against the debtor's estate without properly filing a proof of claim. This article addresses the various stages of filing, attacking and defending a proof of claim.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Wage, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Legal burden of proof, Prima facie, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    In re Philadelphia Newspapers: potential ramifications for secured lenders in debt restructurings
    2009-12-02

    The Eastern District of Pennsylvania held that secured creditors do not have a right to credit bid their claim when the sale of a debtor’s assets is conducted under a plan of reorganization.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Limited liability company, Debt, Fair market value, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for Eastern District of Pennsylvania
    Authors:
    Geoffrey T. Raicht , Nava Hazan
    Location:
    USA
    Firm:
    McDermott Will & Emery

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