Wright v. Owens Corning - debtors remain in the “shadow of Frenville” *

USA - October 1 2012
In 1984, the Third Circuit was the first court of appeals to examine the Bankruptcy Code’s new definition of “claim” in Avellino & Bienes v. M. Frenville Co. (In re M. Frenville Co.), 744 F.2d 332 (3d Cir. 1984).

Co-authors: Amanda Suzuki .

30-year Treasury bonds not “indubitable equivalent” of electing secured creditor’s mortgage lien *

USA - June 1 2012
In In re River East Plaza, LLC, 669 F.3d 826 (7th Cir. 2012), the Seventh Circuit Court of Appeals affirmed a bankruptcy court's ruling that a debtor could not "cram down" a chapter 11 plan over the objection of an undersecured creditor which had made a section 1111(b) election by substituting a lien on 30-year U.S. Treasury bonds as the "indubitable equivalent" of the creditor's mortgage lien on the property.

Co-authors: Mark G. Douglas.

The end of Frenville: relief or more confusion? *

USA - August 10 2010
As part of the overhaul of bankruptcy laws in 1978, Congress for the first time included the definition of "claim" as part of the Bankruptcy Code.