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Florida bankruptcy judge holds ‘savings clause’ unenforceable when voiding guarantees as fraudulent transfers

  • Schulte Roth & Zabel LLP
  • -
  • USA
  • -
  • October 30 2009

A Florida bankruptcy court, on Oct. 13, 2009, issued a 182-page decision after a 13-day trial, among other things, avoiding on fraudulent transfer grounds (a) secured subsidiary guarantees of $500 million and (b) $420 million pre-bankruptcy payments

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

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

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