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Results: 1-10 of 46

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

Forget about buying your way out of “cramdown” in the Ninth Circuit

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • October 23 2012

The Bankruptcy Appellate Panel for United States Court of Appeals for the Ninth Circuit (the “BAP”) affirmed that a creditor failed to show cause to change the vote of a purchased claim in order to prevent the “cramdown” of a plan in a single-asset bankruptcy

Trademark licensees do not need the protection of Section 365(n) to continue to use property post-rejection

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • October 23 2012

Intellectual property licenses are often crucial components of licensees' businesses, and despite Congress's adoption of section 365(n) of the Bankruptcy Code and its provision that licensees can continue to use licensed intellectual property after a license is rejected by a debtor, a licensor's fall into bankruptcy still raises serious concerns on behalf of non-debtor licensees

Channel surfing a look at recent circuit decisions on 524(g) channeling injunctions

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • July 23 2012

Our first case discusses whether provisions of a chapter 11 plan were “insurance neutral” and, as such, whether insurers had the right to be heard in contesting the asbestos-liability channeling injunction of the plan

Tarnishing the debtor’s Halo police power exemption applied to private actions

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • June 26 2012

The reach of regulatory oversight over bankrupt entities has become blurred in recent years, especially following some of the decisions in Chrysler and General Motors cases that limited the states’ police powers when actions were brought that could benefit private parties

Who’s SARE-y now? No “whole business enterprise” exception to single asset real estate provisions of Bankruptcy Code

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • June 25 2012

An important part of structuring real estate transactions relates to maintaining the separate nature of special-purpose real estate entities

Giving credit when due -- Supreme Court denied confirmation of Chapter 11 plan that precludes credit bidding

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • June 1 2012

In a unanimous decision (with Justice Kennedy not participating), the Supreme Court issued a decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 2012 WL 1912197 (U.S. May 29, 2012), in which it held that section 1129(b)(2)(A) of the Bankruptcy Code does not permit a debtor to “cram down” a plan of reorganization that provides for the sale of encumbered assets free and clear of liens at auction without permitting the lienholder to credit bid at such auction

Third Circuit- turning loans to not-for-profits into gifts

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • March 2 2012

In Machne Menachem, Inc. v. Yaakov Spritzer (In re Machne Menachem, Inc.), No. 11-1496 (3d Cir. Jan. 3, 2012), the Third Circuit affirmed a bankruptcy court's use of its equitable power to recharacterize as gifts advances made to a not-for-profit corporation by one of its directors where there was a failure to abide by New York law regarding insider corporate transactions and insufficient indicia of intent on behalf of the parties at the time of the transaction to repay the funds

Court quashes the myth of partial plan confirmation revocation

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • March 2 2012

The Bankruptcy Court for the Southern District of New York ruled out the possibility of a partial or limited plan revocation under Section 1144 of the Bankruptcy Code

"Superior" strength - or how to bend barred claims

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • January 10 2012

The ability to pursue a claim nominally against a debtor may be a necessary step to collecting under an insurance policy

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