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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

UK Supreme Court issues authoritative decision on 'balance sheet insolvency test'

Schulte Roth & Zabel LLP
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United Kingdom
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May 9 2013

The UK Supreme Court today delivered an important decision on the meaning of the so-called 'balance sheet insolvency test' in s.123(2) of the

Delaware bankruptcy court upholds make-whole claim equal to 37 percent of loan principal

Schulte Roth & Zabel LLP
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USA
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April 26 2013

A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of several recent court

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

First distribution expected in Dutch bankruptcy of Lehman Brothers Treasury Co. B.V. (“LBT”)

Schulte Roth & Zabel LLP
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Netherlands
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April 3 2013

Following a consent solicitation process (unprecedented in the Netherlands) which ended on 25 January 2013, the LBT Composition Plan, as proposed by

Fifth Circuit upholds “absurd” cramdown interest rate

Schulte Roth & Zabel LLP
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USA
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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
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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

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Search results

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

UK Supreme Court issues authoritative decision on 'balance sheet insolvency test'

Delaware bankruptcy court upholds make-whole claim equal to 37 percent of loan principal

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

Eighth Circuit BAP affirms lender’s loss of possessory lien

First distribution expected in Dutch bankruptcy of Lehman Brothers Treasury Co. B.V. (“LBT”)

Fifth Circuit upholds “absurd” cramdown interest rate

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

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

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

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