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Results: 1-10 of 63

Beware the ‘Meridian Sunrise’ District Court rules investment funds are not ‘financial institutions’ under loan transfer restrictions
  • Schulte Roth & Zabel LLP
  • USA
  • May 2 2014

The U.S. District Court for the Western District of Washington recently construed the terms of a customary loan agreement to preclude certain hedge


Fifth Circuit protects secured lender who bypasses Chapter 11 reorganization plan
  • Schulte Roth & Zabel LLP
  • USA
  • August 12 2013

The U.S. Court of Appeals for the Fifth Circuit held on August 5 that a secured lender's disputed "lien on the debtor's principal asset survived


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


Seventh Circuit changes its mind and reverses “inconsistent” district court fraudulent transfer and equitable subordination ruling
  • Schulte Roth & Zabel LLP
  • USA
  • September 4 2013

The U.S. Court of Appeals for the Seventh Circuit held on Aug. 26, 2013 that an investment manager's "failure to keep client funds properly


Fourth Circuit affirms lender’s good faith in fraudulent transfer case
  • Schulte Roth & Zabel LLP
  • USA
  • March 6 2014

The U.S. Court of Appeals for the Fourth Circuit, on Feb. 21, 2014, affirmed the dismissal of a bankruptcy trustee's fraudulent transfer complaint


Delaware court enforces subordination agreements despite senior indenture trustee’s late filing of senior claims
  • Schulte Roth & Zabel LLP
  • USA
  • July 29 2014

The United States District Court for the District of Delaware, on July 21, 2014, held that an indenture trustee's late filing of senior claims did


Fifth Circuit holds mere acceleration does not trigger prepayment premium
  • Schulte Roth & Zabel LLP
  • USA
  • February 6 2014

The U.S. Court of Appeals for the Fifth Circuit held on Jan. 27, 2014 that a lender's acceleration due to a borrower's payment default did not


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


Supreme Court affirms secured creditors’ credit bid rights under plan
  • Schulte Roth & Zabel LLP
  • USA
  • June 1 2012

The United States Supreme Court unanimously held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan


Seventh Circuit holds real estate debtor cannot cram down undersecured lender with bonds
  • Schulte Roth & Zabel LLP
  • USA
  • January 25 2012

The U.S. Court of Appeals for the Seventh Circuit affirmed a bankruptcy court’s dismissal of a single asset real estate case on Jan. 19, 2012, reasoning that the debtor’s proposed substitute collateral “was not the indubitable equivalent of the undersecured lender’s mortgage.”