Insolvency & Restructuring | Global Insolvency

Court vacates the foreclosure sale and awards damages, finding that the lender violated the automatic stay by proceeding with the sale where debtor guaranteed the loan, but had no ownership interest

15 June 2011

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Priming lien approved: new loan use would benefit the estate + debtor’s sizable equity cushion = adequate assurance

15 June 2011

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Champion Enterprises bankruptcy court dismisses equitable subordination and fraudulent transfer claims

16 June 2011

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Proposed regulations regarding the deferred loss rules for controlled groups: not all good but not all bad

16 June 2011

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Decision in New Century TRS Holdings, Inc. holds that publication in 2 newspapers is insufficient to grant a motion for summary judgment

15 June 2011

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Landlord’s corner

15 June 2011

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Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements

15 June 2011

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Trademark license agreement defines materiality, effectively establishing a perpetual executory agreement subject to perpetual rejection

15 June 2011

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In a case of first impression, the Third Circuit holds that discounted cash flow analysis may be used as a ‘commercially reasonable determinant of value’ with respect to repurchase agreement acceleration under section 562

15 June 2011

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Second Circuit clarifies rules on gifting, designation, in DBSD

24 June 2011

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