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Results: 1-9 of 9

Delaware Chancery Court evaluates ‘public, commercially reasonable’ foreclosure sale under UCC

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 11 2013

Edgewater Growth Capital Partners LP created the debtor and guaranteed its indebtedness. After several attempts to restructure the debtor, the

Commercial restructuring & bankruptcy alert (vol. IV, no. 3)

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 25 2013

Most of us are familiar with the concept that liens generally pass through a bankruptcy. But what happens to the secured creditor’s claim if the

Comity outweighed by significant differences in law in chapter 15 case

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

This case demonstrates the applicability of chapter 15 proceedings, the interaction between the emphasis on comity and the core established

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

  • Reed Smith LLP
  • -
  • USA
  • -
  • 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
  • -
  • 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

Court upholds ipso facto clause and default interest rate

  • Reed Smith LLP
  • -
  • 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

What Anna Nicole Smith’s bankruptcy case may mean to credit managers everywhere

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

In June 2011, the United States Supreme Court issued its opinion in the case known as Stern v. Marshall

1031 exchange agreements: drafting failure can lead to unsecured status

  • Reed Smith LLP
  • -
  • 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
  • -
  • 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