Search results

Order by most recent / most popular / relevance

Results: 1-10 of 25

Court affirms separate classification, holds artificial impairment not per se impermissible

Reed Smith LLP
-
USA
-
June 12 2013

In a matter of first impression in the Fifth Circuit, the court affirmed the bankruptcy court’s confirmation of a chapter 11 cramdown plan, holding

Following Castleton Plaza, competitive bidding required where insider asserts ‘new value’ exception to absolute priority rule

Reed Smith LLP
-
USA
-
June 12 2013

The court denied confirmation of the debtor’s plan, finding that: (i) the debtor failed to demonstrate that it would be able to obtain financing to

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

Reed Smith LLP
-
USA
-
March 4 2013

The United States District Court for the Central District of Illinois has arguably driven the last nail into the coffin of In re Crane, the much

Court adopts ‘addition theory’ in applying unnecessary adequate protection payments

Reed Smith LLP
-
USA
-
February 18 2013

The court adopted the “addition theory” for application of unnecessary adequate protection payments, relying on the narrow circumstances set forth in

Low-income housing tax credits must be included in valuing section 506(a) collateral

Reed Smith LLP
-
USA
-
October 15 2012

In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim

Creation of artificially impaired class to approve cram-down plan is not per se impermissible

Reed Smith LLP
-
USA
-
March 15 2012

The debtor’s only secured creditor objected to the chapter 11 cram-down plan, arguing that the debtor had created an artificially impaired unsecured class in order to obtain approval of the plan over the secured creditor’s objection

Court recharacterizes claim, declines to adopt a per se rule that recharacterization only applies to insiders

Reed Smith LLP
-
USA
-
December 19 2011

In a case of first impression in the Fifth Circuit, the court recharacterized a claim of a non-insider, declining to create a per se rule that recharacterization could only apply to insiders

Court denies lender’s motion to dismiss Section 547 preference action seeking to avoid valid foreclosure sale

Reed Smith LLP
-
USA
-
December 19 2011

The lender foreclosed on the borrower’s property after the borrower defaulted on its loan obligations

The seller of loan participation interests protected from preference recovery under the ‘conduit theory’

Reed Smith LLP
-
USA
-
December 19 2011

In this case of first impression, the court determined whether the status of the lead bank in a loan participation was that of an “initial transferee” or a mere conduit for the purposes of establishing preference liability

Unable to show ‘indubitable equivalence’ where property appraisals diverge significantly

Reed Smith LLP
-
USA
-
September 14 2011

The bank had loaned money to two affiliated borrowers

next >