Reed Smith LLP | Global Insolvency

Collateral-order doctrine utilized in a case of first impression; court affirms broad equitable powers of a receiver

15 June 2011

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Claims trader loses out on cure payments where debtor’s approved plan permits postconfirmation rejection of executory contracts

15 June 2011

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FAA registration law does not preempt state UCC where partially completed airplanes fail to satisfy FAA definition of “aircraft”

15 June 2011

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Court holds that ‘all value’ must be considered in determining ‘reasonably equivalent value’ in fraudulent transfer case

15 June 2011

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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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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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