RadLAX: credit bidding is cleared for takeoff by U.S. Supreme Court *

USA - June 5 2012
The U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, ___ S. Ct. ___, 2012 WL 1912197 (May 29, 2012), held that a debtor may not confirm a chapter 11 "cramdown" plan that provides for the sale of collateral free and clear of existing liens, but does not permit a secured creditor to credit-bid at the sale.

Co-authors: Dan T. Moss , Beth Heifetz .

Credit bidding and the Supreme Court: what happens next? *

USA - March 8 2012
On December 12, 2011, the Supreme Court granted a petition for certiorari in a case raising the question of whether a debtor's chapter 11 plan is confirmable when it proposes an auction sale of a secured creditor's assets free and clear of liens without permitting that creditor to "credit bid" its claims but instead provides the creditor with the "indubitable equivalent" of its secured claim.

Co-authors: Dan T. Moss , Beth Heifetz .

The Financial Stability Plan's Capital Assistance Program and an update of the TARP Capital Purchase Program *

USA - March 10 2009
The Treasury announced on February 25, 2009, details of its Capital Assistance Program (the "CAP") under the Treasury's new Financial Stability Plan ("FSP").

Co-authors: Ralph F. MacDonald III, Brett P. Barragate, James C. Olson, Christopher M. Kelly.

The supervisory capital assessment program: Stress Test for U.S. banking organizations *

USA - March 10 2009
On February 10, 2009, the Treasury Department outlined its new Financial Stability Plan ("FSP").

Co-authors: Ralph F. MacDonald III, Brett P. Barragate, James C. Olson, Christopher M. Kelly.