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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
Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case
- Reed Smith LLP
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- USA
- -
- March 15 2012
An involuntary chapter 11 case was commenced in the Bankruptcy Court by senior noteholders against a Cayman Islands corporation that had been established as a special purpose entity to hold securities
What Anna Nicole Smith’s bankruptcy case may mean to credit managers everywhere
- Reed Smith LLP
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- USA
- -
- December 19 2011
In June 2011, the United States Supreme Court issued its opinion in the case known as Stern v. Marshall
Court upholds ipso facto clause and default interest rate
- Reed Smith LLP
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- USA
- -
- December 19 2011
The court addressed the enforceability of an ipso facto acceleration clause in a credit agreement triggered by a bankruptcy filing, and whether a lender group was entitled to post-petition interest at the default rate by a solvent debtor
1031 exchange agreements: drafting failure can lead to unsecured status
- Reed Smith LLP
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- USA
- -
- July 8 2009
A Virginia bankruptcy court has issued a decision that should be a major eye-opener for any entity that engages in tax-free exchanges under section 1031 of the Internal Revenue Code
Bona fide purchasers protected from trustee action
- Reed Smith LLP
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- USA
- -
- April 27 2009
The U.S. Court of Appeals for the Ninth Circuit has held that a bankruptcy trustee could not avoid an unauthorized sale of real estate to a bona fide purchaser although the proceeds of the sale did belong to the estate
