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Ninth Circuit allows bankruptcy courts to recharacterize loans as equity, applying state law

Schulte Roth & Zabel LLP
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USA
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May 10 2013

The Ninth Circuit held on April 30, 2013 that a bankruptcy court "has the authority to determine whether a transaction creates a debt or an equity

District Court dismisses insider preference claim despite affiliates holding equity and board seats

Schulte Roth & Zabel LLP
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USA
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April 19 2013

The United States District Court for the Southern District of New York dismissed an insider preference complaint by Capmark Financial Group Inc. and

Eighth Circuit BAP affirms lender’s loss of possessory lien

Schulte Roth & Zabel LLP
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USA
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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

Secured lender’s full credit bid barred later recovery from guarantors

Schulte Roth & Zabel LLP
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USA
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March 6 2013

The U.S. Court of Appeals for the Fifth Circuit held on Feb. 28, 2013, that a secured lender's full credit bid for a Chapter 11 debtor's assets at a

Seventh Circuit extends competition rule to insider in new-value reorganization plan

Schulte Roth & Zabel LLP
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USA
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February 20 2013

The U.S. Court of Appeals for the Seventh Circuit, on Feb. 14, 2013, held that an insider of a Chapter 11 partnership debtor cannot avoid the

Fifth Circuit holds that political contributions from Ponzi schemers are fraudulent transfers

Schulte Roth & Zabel LLP
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USA
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November 29 2012

The United States Court of Appeals for the Fifth Circuit, on Oct. 22, 2012, held that $1.6 million in political contributions made to five different political committees by Ponzi scheme defendants between 2000 and 2008 were fraudulent transfers made “with actual intent to hinder, delay, or defraud creditors” under the Texas version of the Uniform Fraudulent Transfer Act

Losing acquiror in competing reorganization plan fight has standing to seek reimbursement of fees and expenses

Schulte Roth & Zabel LLP
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USA
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October 18 2012

A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had “standing” to seek reimbursement of its legal fees and expenses as a “substantial contribution” to the reorganization case

Second Circuit affirms dismissal of debtor’s attempted subordination of former corporate parent’s claim

Schulte Roth & Zabel LLP
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USA
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September 21 2012

The U.S. Court of Appeals for the Second Circuit recently dismissed a corporate debtor’s attempt to subordinate its former corporate parent’s contract damage claim on the ground that it was a securities fraud claim

Eighth Circuit rejects balancing of the equities test for creditor's recoupment

Schulte Roth & Zabel LLP
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USA
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August 31 2012

The United States Court of Appeals for the Eighth Circuit held on Aug. 3, 2012, that equitable considerations could not prevent a creditor's recouping amounts owed to it by a chapter 7 debtor

Trend watch: the safety of reorganization financing

Schulte Roth & Zabel LLP
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USA
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July 13 2012

Chapter 11 creditors’ committees and debtors continue to challenge lenders’ prepayment premiums, commitment fees and post-bankruptcy interest claims in reorganization cases

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