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Comity outweighed by significant differences in law in chapter 15 case

Reed Smith LLP
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USA
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June 12 2013

This case demonstrates the applicability of chapter 15 proceedings, the interaction between the emphasis on comity and the core established

Debtor had legitimate business reason to separately classify unsecured claims

Reed Smith LLP
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USA
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June 12 2013

Following the vote on the chapter 11 debtor’s reorganization plan and before the confirmation hearing, the debtor modified its plan. The modified plan

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

Reed Smith LLP
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USA
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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

Venue created by subsidiary incorporation ‘bootstraps’ venue selection

Reed Smith LLP
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USA
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June 12 2013

A case that has made the news over the past several months is the decision from the United States Bankruptcy Court for the Southern District of New

Post-petition lock-down agreement does not equate to impermissible vote solicitation

Reed Smith LLP
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USA
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June 12 2013

After filing its chapter 11 petition, the debtor entered into a Reorganization Support Agreement with certain creditors, which required those

Tenth Circuit joins Fourth Circuit in holding that absolute priority rule applies to individual chapter 11 cases

Reed Smith LLP
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USA
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June 12 2013

The Court of Appeals for the Tenth Circuit, in a case of first impression before the court, joined the Fourth Circuit in holding that the absolute

Defrauded initial lien holder maintains priority over subsequent innocent lenders

Reed Smith LLP
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USA
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June 12 2013

The court granted summary judgment in favor of a defrauded lender in a lien priority dispute with subsequent third-party lenders. The court

A longer statute of limitations period for pursuing fraudulent transfer actions may exist

Reed Smith LLP
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USA
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June 12 2013

544(b) of the Bankruptcy Code empowers a bankruptcy trustee to avoid any transfer of an interest of the debtor in property that is voidable under

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

Reed Smith LLP
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USA
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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

Make-whole claim in the amount of 37 of loan balance is enforced by Delaware Bankruptcy Court

Reed Smith LLP
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USA
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June 12 2013

Good news for lenders. Judge Carey of the Bankruptcy Court for the District of Delaware enforced a make-whole premium equal to 37 percent of the

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Search results

Comity outweighed by significant differences in law in chapter 15 case

Debtor had legitimate business reason to separately classify unsecured claims

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

Venue created by subsidiary incorporation ‘bootstraps’ venue selection

Post-petition lock-down agreement does not equate to impermissible vote solicitation

Tenth Circuit joins Fourth Circuit in holding that absolute priority rule applies to individual chapter 11 cases

Defrauded initial lien holder maintains priority over subsequent innocent lenders

A longer statute of limitations period for pursuing fraudulent transfer actions may exist

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

Make-whole claim in the amount of 37 of loan balance is enforced by Delaware Bankruptcy Court

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