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Results: 1-10 of 38

ABI Commission Report recommendations on DIP financing would eliminate lender protection

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • December 30 2014

The American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (the "Commission") issued its 400-page Final Report and

Priming DIPs: the new normal?

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • December 22 2014

Following the Dec. 8 publication by the American Bankruptcy Institute ("ABI") Commission to Study the Reform of Chapter 11 of a report (the "Report"

Swaps update: ‘triangular setoff’ held unenforceable in bankruptcy cases

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • February 13 2014

Setoff provisions are commonly found in a variety of trading related agreements between hedge funds and their dealer counterparties. Last November

Third Circuit permits reopening of reorganization case to enforce debtor’s purchase option in real estate lease

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • August 19 2013

The U.S. Court of Appeals for the Third Circuit held on July 30, 2013, that a reorganized Chapter 11 debtor could reopen its closed case, enabling

Quigley Company Inc. emerges from heavily litigated Chapter 11 asbestos reorganization

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • June 28 2013

United States Bankruptcy Judge Stuart M. Bernstein held, on June 26, 2013, after a contested hearing, that SRZ client Quigley Company Inc., a wholly

Fifth Circuit upholds “absurd” cramdown interest rate

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • March 20 2013

The U.S. Court of Appeals for the Fifth Circuit held on March 1, 2013, that a bankruptcy court had not erred in applying a prime plus 1.75 percent

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

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Lehman claims update: LBI and LBIE announce agreement in principle to resolve all claims

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • October 5 2012

The SIPC Trustee for Lehman Brothers Inc. ("LBI") and the Joint Administrator of Lehman Brothers International (Europe) ("LBIE") today announced an agreement in principle to resolve all claims, approximately $38 billion in the aggregate, between their respective entities

Supreme Court affirms secured creditors’ credit bid rights under plan

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • June 1 2012

The United States Supreme Court unanimously held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan