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Results: 1-10 of 62

Warehouseman’s liens for traders, banks and storage operators

  • Reed Smith LLP
  • -
  • Singapore, United Kingdom, USA
  • -
  • March 20 2014

When goods are delivered to a professional storage operator (we will refer to them as a warehouseman) for safe keeping, they may become subject to a

Are those bankruptcy waivers in your intercreditor agreements effective?

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 28 2014

If you have negotiated an intercreditor agreement, you are familiar with the lengthy bankruptcy waivers typically drafted by counsel for first-lien

Delaware Chancery Court evaluates ‘public, commercially reasonable’ foreclosure sale under UCC

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 11 2013

Edgewater Growth Capital Partners LP created the debtor and guaranteed its indebtedness. After several attempts to restructure the debtor, the

Parent obligor can pledge subsidiary’s collateral with subsidiary’s knowledge and consent

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 11 2013

The Third Circuit held that a parent obligor could effectively pledge as collateral the deposit account of its subsidiary, with the subsidiary's

Bank loses possessory lien following turnover of funds to trustee should have sought adequate protection

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

The bank, which held a possessory lien in the deposit account of the debtor, lost its lien when it turned over the funds in the account to the trustee

Exit lenders liable for conversion where distributions contravene credit agreement

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

A group of lenders participated in a syndicated loan. When the borrowers filed for bankruptcy, the lenders were forced to buy certain of the

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

Seventh Circuit requires competition for insider’s new-value plan of reorganization

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

The United States Court of Appeals for the Seventh Circuit recently extended the "competition rule" to a new-value reorganization plan that proposed

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

  • Reed Smith LLP
  • -
  • USA
  • -
  • 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

Beware the credit overbid

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

The Sixth Circuit Court of Appeals held that the secured lender’s credit bid, which equaled the total debt owed on two properties but exceeded the