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    Ability to gift new equity to old equity through plan disapproved in the Second Circuit and ulterior motives in purchasing debt could lead to designation of vote
    2011-02-14

    On February 8, 2011, the Second Circuit Court of Appeals issued an opinion that will have a major impact on Chapter 11 plan confirmation. In consolidated appeals stemming from theIn re DBSD North America, Inc. bankruptcy case, the Second Circuit held that (1) the “gifting” aspect of the debtors’ plan of reorganization violated the absolute priority rule, and (2) the bankruptcy court did not err in designating a secured creditor’s vote as lacking “good faith” and disregarding that vote for purposes of confirmation.

    The DBSD Plan

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Share (finance), Bankruptcy, Shareholder, Debtor, Interest, Debt, Secured creditor, Warrant (finance), Dish Network, US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Second Circuit rejects gifting exception to absolute priority rule and affirms vote designation for claims acquired in bad faith
    2011-02-17

    The United States Court of Appeals for the Second Circuit (the “Second Circuit”) on February 7, 2011 issued an opinion rejecting the often used gifting doctrine in the context of a plan of reorganization on the one hand, while affirming vote designation for claims not purchased in good faith on the other.In re DBSD N. Am., Inc., __ F.3d __, 2011 WL 350480 (2d Cir. Feb. 7, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Share (finance), Bankruptcy, Shareholder, Unsecured debt, Interest, Federal Reporter, Debt, Good faith, Voting, Bad faith, Secured creditor, Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Gifting
    2011-03-22

    For over 30 years, most bankruptcy courts have approved plans where the secured lender “gifts” a distribution to a junior class in order to obtain a consensual plan. These courts note that the distribution is from the secured lender’s property (not estate property) and the secured lender can do what it wants with its own property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Share (finance), Debtor, Unsecured debt, Federal Reporter, Debt, Consent, Liquidation, Dissenting opinion, Unsecured creditor, Warrant (finance), Westlaw, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Peter S. Clark, II
    Location:
    USA
    Firm:
    Reed Smith LLP
    Intense negotiations mark discussion over Treasury bill
    2008-09-26

    Over the past few days, Members of Congress have engaged in intensive debate over the terms of the bailout package, now commonly referred to as the Troubled Asset Relief Program (“TARP”). Both Democrats and Republicans have offered criticisms and alternatives to the original Treasury proposal which are summarized below.

    Senator Dodd Proposal

    Senator Christopher Dodd (D-CT), Chairman of the Senate Committee on Banking, Finance and Urban Affairs has drafted a 100 page bill that encompasses many of the Democratic proposals discussed to date. His bill would:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Locke Lord LLP, Shareholder, Executive compensation, Mortgage loan, Foreclosure, Judicial review, Subsidy, Capital requirement, Preferred stock, Troubled Asset Relief Program, Warrant (finance), US Congress, US Democratic Party
    Location:
    USA
    Firm:
    Locke Lord LLP
    GM files for Chapter 11 bankruptcy
    2009-06-01

    This morning, General Motors Corp. (GM) announced that it filed for Chapter 11 bankruptcy in the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Dividends, Board of directors, Debt, Warranty, Preferred stock, Warrant (finance), US Department of the Treasury, United Automobile Workers, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    GM announces details of U.S. Treasury’s asset sale proposal; unofficial committee of bondholders indicates support of proposal
    2009-05-28

    This morning, General Motors Corp. (GM) announced in a Form 8-K filing that the U.S. Treasury Department has proposed details of a reorganization plan to GM in the event that GM seeks bankruptcy protection and bankruptcy court approval for the sale of substantially all of its assets to a newly organized company (New GM) pursuant to Section 363 of the Bankruptcy Code (363 Sale). Following the proposed 363 Sale, the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Trade union, Beneficiary, Debt, Voluntary association, Liquidation, Form 8-K, Warrant (finance), HM Treasury (UK), US Department of the Treasury, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Lehman Brothers bar date order
    2009-07-20

    Summary

    This briefing summarizes the recent U.S. Bankruptcy Court order establishing bar dates for creditors filing claims in relation to debts owed to them by Lehman Brothers entities in Chapter 11 bankruptcy proceedings. Specifically, this briefing discusses who must file a proof of claim, how to file the proof of claim, and the special requirements for claims in respect of derivative contracts, guarantees and Lehman program securities.

    Filed under:
    USA, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Bond (finance), Bankruptcy, Shareholder, Debtor, Security (finance), Option (finance), Debt, Liability (financial accounting), Warrant (finance), Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Richard Perks
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer
    Treasury releases completed transactions report
    2009-12-15

    Yesterday, Treasury released its most recent completed transactions report for the period ending December 10, 2009.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Preferred stock, Warrant (finance), Capital Purchase Program, US Department of the Treasury, JPMorgan Chase
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Landlord who obtains prepetition warrant of eviction may be barred from recovering post-petition rent as administrative expense
    2011-07-15

    A recent decision by the U.S. District Court for the
    Southern District of New York concluded that a landlord
    who obtains a judgment of possession and warrant of
    eviction prepetition, yet is stayed from executing on the
    warrant due to the debtor’s bankruptcy filing, may not be
    entitled to post-petition rent as an administrative expense.
    In In re Association of Graphic Communications, Inc., No. 07-
    10278 (Bankr. S.D.N.Y. July 13, 2010), the court decided
    that, under New York law, the prepetition warrant of

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Faegre Drinker Biddle & Reath LLP, Bankruptcy, Debtor, Landlord, Leasehold estate, Capital punishment, Warrant (finance), Westlaw, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Brian Morgan
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs

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