We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 21

Eleventh Circuit reverses TOUSA district court decision and holds lenders liable for fraudulent transfer

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • May 21 2012

The United States Court of Appeals for the Eleventh Circuit, on May 15, 2012, reversed a district court's February 2011 decision that lenders were not liable on a fraudulent transfer claim

Seventh Circuit changes its mind and reverses “inconsistent” district court fraudulent transfer and equitable subordination ruling

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • September 4 2013

The U.S. Court of Appeals for the Seventh Circuit held on Aug. 26, 2013 that an investment manager's "failure to keep client funds properly

Update on reorganization financing

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • April 7 2011

Reorganization or debtor-in-possession ("DIP") financing has become an increasing source of litigation

LBIE administrators extend September 17, 2010 proof of debt submission deadline for Consensual Approach participants

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • September 17 2010

Previously, on June 16, 2010, the Joint Administrators (the "Administrators") of Lehman Brothers International (Europe) ("LBIE") announced that they would be testing the feasibility of their so-called Consensual Approach to the resolution of LBIE's unsecured creditor claims

Bankruptcy court allows collateral agent to credit bid without 100 approval of senior lenders in same facility

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • April 28 2009

In a recent decision, the Bankruptcy Court for the District of Delaware allowed the collateral agent for senior lenders to credit bid for the debtors’ assets even though all of the senior lenders had not authorized the bid

Fifth Circuit protects secured lender who bypasses Chapter 11 reorganization plan

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • August 12 2013

The U.S. Court of Appeals for the Fifth Circuit held on August 5 that a secured lender's disputed "lien on the debtor's principal asset survived

Fifth Circuit holds mere acceleration does not trigger prepayment premium

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • February 6 2014

The U.S. Court of Appeals for the Fifth Circuit held on Jan. 27, 2014 that a lender's acceleration due to a borrower's payment default did not

Seventh Circuit holds real estate debtor cannot cram down undersecured lender with bonds

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • January 25 2012

The U.S. Court of Appeals for the Seventh Circuit affirmed a bankruptcy court’s dismissal of a single asset real estate case on Jan. 19, 2012, reasoning that the debtor’s proposed substitute collateral “was not the indubitable equivalent of the undersecured lender’s mortgage.”

Eighth Circuit BAP affirms lender’s loss of possessory lien

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • April 4 2013

The U.S. Bankruptcy Appellate Panel ("BAP") for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the

Oversecured lender awarded post-petition interest at contractual default rate plus compounded interest

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • January 23 2008

The United States Bankruptcy Court for the Southern District of New York recently awarded an oversecured lender post-petition interest on the full amount of its secured claim at the default rate set forth in the lender’s contract (19) plus compound (PIK) interest up to the aggregate rate of 25 (the maximum rate allowable under New York State usury laws