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Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

Reed Smith LLP
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USA
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June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after

An identifiable risk to collateral property that is used in the marijuana business

Sherman & Howard LLC
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USA
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June 5 2013

The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational

One potato, two potato, three potatoWell actually it’s all one potato.

Bracewell & Giuliani LLP
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USA
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May 13 2013

The Delaware Bankruptcy Court recently held that a third amendment to a lease agreement entered into for the purpose of leasing a second building

Secured creditors' right to credit bid upheld by the Supreme Court

Mitchell Silberberg & Knupp LLP
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USA
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April 11 2013

In a short opinion for what it considered an "easy case," the Supreme Court decided 8-0 in RadLAX Gateway Hotel, LLC v. Amalgamated Bank on May 29

What matters: A review of 2011 and 2012

Kramer Levin Naftalis & Frankel LLP
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USA
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April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

Sheppard Mullin Richter & Hampton LLP
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USA
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March 29 2013

In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held

When “loan to own” becomes “own a loan” how a recent Fifth Circuit decision rejecting the artificial impairment doctrine increases risks for distressed real estate investors

Ropes & Gray LLP
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USA
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March 6 2013

Chapter 11 of the U.S. Bankruptcy Code provides debtors with a number of tools to restructure comprehensively their debts and other liabilities as

Fifth Circuit rejects “artificial impairment” standard in confirmation of single asset real estate plan

King & Spalding LLP
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USA
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March 1 2013

In a pro-debtor opinion released on February 26, 2013, the Fifth Circuit Court of Appeals held that a debtor may "artificial impair" claims in a

Illinois legislation rejects In re Crane

Reed Smith LLP
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USA
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February 12 2013

Custom and practice in Illinois with respect to mortgages has been to incorporate the note or other debt instrument by reference, rather than to

Lender’s credit bid of entire debt at foreclosure sale results in forfeiture of rights to additional collateral

Barnes & Thornburg LLP
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USA
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February 8 2013

The Sixth Circuit Court of Appeals recently affirmed the decisions of the courts below and held in an unpublished opinion that a secured lender's

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Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

An identifiable risk to collateral property that is used in the marijuana business

One potato, two potato, three potatoWell actually it’s all one potato.

Secured creditors' right to credit bid upheld by the Supreme Court

What matters: A review of 2011 and 2012

Lenders beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

When “loan to own” becomes “own a loan” how a recent Fifth Circuit decision rejecting the artificial impairment doctrine increases risks for distressed real estate investors

Fifth Circuit rejects “artificial impairment” standard in confirmation of single asset real estate plan

Illinois legislation rejects In re Crane

Lender’s credit bid of entire debt at foreclosure sale results in forfeiture of rights to additional collateral

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