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Cherryland update: is turnabout fair play?

Reed Smith LLP
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USA
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April 25 2013

Last year in this space we reported on a pair of Michigan court decisions (51382 Gratiot Avenue Holdings, Inc. v. Chesterfield Development Company

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

Reed Smith LLP
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USA
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March 4 2013

The United States District Court for the Central District of Illinois has arguably driven the last nail into the coffin of In re Crane, the much

Secured creditor does not particip ate in bankruptcy case, court allows lien to pass through plan confirmation

Reed Smith LLP
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USA
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February 18 2013

The first priority secured creditor, who did not file a claim or participate in any way with the bankruptcy case until after the debtor’s plan was

Separation of claims solely on the basis of personal guaranty not permitted

Reed Smith LLP
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USA
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February 18 2013

A single-asset real estate debtor proposed to separately classify the unsecured deficiency portion of the sole secured creditor’s claim from the other

Section 546(b) filings sufficient objection to overcome priming lien of DIP lender

Reed Smith LLP
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USA
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February 18 2013

The debtor, a land management company, obtained DIP financing that purported to prime the pre-petition liens of all creditors who did not file an

Discrimination in classification of claims okay, so long as not unfair discrimination

Reed Smith LLP
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USA
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February 18 2013

The court denied the objections of the Bankruptcy Administrator and the Unsecured Creditor’s Committee, and confirmed the chapter 11 debtor’s proposed

Greens fees not ‘rents, proceeds or profits’ of blanket lien, and not cash collateral

Reed Smith LLP
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USA
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February 18 2013

The Ninth Circuit B.A.P. Affirmed the bankruptcy court decision that post-petition income from greens fees and driving range fees were not “rents

Court adopts ‘addition theory’ in applying unnecessary adequate protection payments

Reed Smith LLP
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USA
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February 18 2013

The court adopted the “addition theory” for application of unnecessary adequate protection payments, relying on the narrow circumstances set forth in

Continuing ‘material’ obligations render license agreement executory Lewis Brothers

Reed Smith LLP
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USA
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February 18 2013

The trademark licensee appealed the district court’s ruling that a perpetual license agreement was an executory contract that the debtor could reject

Loan ‘participant’ that bears no risk is neither a ‘participant’ nor a creditor

Reed Smith LLP
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USA
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February 18 2013

The dispute involved competing interests in the proceeds of a stock sale. The stock of the debtor’s subsidiary was pledged as security for repayment

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Cherryland update: is turnabout fair play?

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

Secured creditor does not particip ate in bankruptcy case, court allows lien to pass through plan confirmation

Separation of claims solely on the basis of personal guaranty not permitted

Section 546(b) filings sufficient objection to overcome priming lien of DIP lender

Discrimination in classification of claims okay, so long as not unfair discrimination

Greens fees not ‘rents, proceeds or profits’ of blanket lien, and not cash collateral

Court adopts ‘addition theory’ in applying unnecessary adequate protection payments

Continuing ‘material’ obligations render license agreement executory Lewis Brothers

Loan ‘participant’ that bears no risk is neither a ‘participant’ nor a creditor

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