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Results: 1-3 of 3

Seventh Circuit extends competition rule to insider in new-value reorganization plan

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • February 20 2013

The U.S. Court of Appeals for the Seventh Circuit, on Feb. 14, 2013, held that an insider of a Chapter 11 partnership debtor cannot avoid the

Eighth Circuit rejects balancing of the equities test for creditor's recoupment

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • August 31 2012

The United States Court of Appeals for the Eighth Circuit held on Aug. 3, 2012, that equitable considerations could not prevent a creditor's recouping amounts owed to it by a chapter 7 debtor

Seventh Circuit denies fees to breaching DIP lender in re Arlington Hospitality, Inc.

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • April 13 2011

The Seventh Circuit affirmed a district court's ruling that a debtor-in-possession ("DIP") lender had breached its financing agreement, barring its claim for commitment and funding fees from the DIP