Weathering the storm: Fifth Circuit permits artificial impairment of unsecured trade creditors to cram down plan acceptance on secured lender *

USA - March 7 2013
Bankruptcy Code § 1129(a)(10) provides that in order for a plan proponent to "cram down" - i.e., force acceptance of - a plan of reorganization…

Co-authors: Yonit Caplow, Trevor Hoffmann, John D. Beck.

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No safe harbor for you because distributing the proceeds of a sale of securities isn't "in connection with" a securities contract according to Grede v. FCStone *

USA - January 24 2013
On January 4, 2013, the United States District Court for the Northern District of Illinois, Eastern Division (the "District Court") issued a…

Co-authors: Robin Phelan, Mark X. Mullin, Trevor Hoffmann, Kenric Kattner, Stephen Manz .

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Supreme Court in RadLAX rules that cramdown plans providing for sales of secured creditors’ collateral must allow for credit bid rights *

USA - May 31 2012
In what it described as “an easy decision,” the U.S. Supreme Court issued its eagerly anticipated decision in RadLAX Gateway Hotel, LLC et al. v. Amalgamated Bank1 on May 29, 2012.

Co-authors: Eric Terry, Trevor Hoffmann, Kenric Kattner, Lenard Parkins, John D. Beck.

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Acquiring distressed natural gas assets outside of bankruptcy: good deals today may be fraudulent transfers tomorrow *

USA - May 16 2012
Technological innovation has changed the landscape of domestic natural gas production from shortage to surplus.

Co-authors: Charles A. Beckham, Jr., Kenric Kattner, Bernard Clark, Jr., Karl D. Burrer.

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Weathering the storm: can executory contracts have multiple personalities? The Fifth Circuit finds an asset purchase agreement amended an ERISA plan *

USA - November 3 2011
Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans.

Co-authors: W. Abigail Ottmers, Debra Hatter, Michael E. Foreman, Greta E. Cowart.

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