Delaware bankruptcy court upholds make-whole claim equal to 37 percent of loan principal *

USA - April 26 2013
A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of several recent court…

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District Court dismisses insider preference claim despite affiliates holding equity and board seats *

USA - April 19 2013
The United States District Court for the Southern District of New York dismissed an insider preference complaint by Capmark Financial Group Inc. and…

Co-authors: Meghan M. Breen, Michael L. Cook, Eleazer Klein, Howard O. Godnick .

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Eighth Circuit BAP affirms lender’s loss of possessory lien *

USA - April 4 2013
The U.S. Bankruptcy Appellate Panel ("BAP") for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the…

Co-authors: Michael L. Cook, Lawrence S. Goldberg.

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Trend watch: the safety of reorganization financing *

USA - July 13 2012
Chapter 11 creditors’ committees and debtors continue to challenge lenders’ prepayment premiums, commitment fees and post-bankruptcy interest claims in reorganization cases.

Co-authors: Michael L. Cook.

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Update on reorganization financing: prepayment premiums, commitment fees and post-bankruptcy interest *

USA - June 19 2012
Chapter 11 creditors' committees and debtors continue to challenge lenders' prepayment premiums, commitment fees and post-bankruptcy interest claims in reorganization cases.

Co-authors: Michael L. Cook.

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