We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 127

Committee's attack upon lender's make-whole premium denied
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 27 2013

The United States Bankruptcy Court for the District of Delaware (the "Court") recently upheld a $23.7 million make-whole payment (the "Make-Whole


When goods are shipped from overseas, when are they considered “received by the debtor” for purposes of asserting a section 503(b)(9) administrative claim?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 5 2014

A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled


Third Circuit Upholds The Enforceability Of Make-Whole Premiums In Post-Bankruptcy Context
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • November 22 2016

In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court


Claims trading from the inside out: Ninth Circuit BAP holds that a non-insider claimant's vote on a plan is not discounted merely because the claimant purchased its claim from an insider
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 18 2013

In an unpublished decision in In re The Village at Lakeridge, LLC, BAP Nos. NV-12-1456 and NV-12-1474 (B.A.P. 9th Cir. Apr. 5, 2013), the United


Student loans: nondischargeability questioned in Seventh Circuit and beyond
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • April 25 2013

Conventional wisdom says that it is nearly impossible to obtain a discharge of student loan debt in bankruptcy. Indeed, Section 523(a)(8) expressly


The Ninth Circuit holds that bankruptcy courts have authority to recharacterize debt as equity
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • May 14 2013

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity


Dodd-Frank’s intersection with the Bankruptcy Code could have significant impact for unsecured creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 21 2014

On February 11th, the three private plaintiff-appellants and eleven State plaintiff-appellants in State National Bank of Big Spring, et al. V. Jacob


Tribal corporate bankruptcy petition raises issues of first impression for bankruptcy court
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 7 2013

On March 4, 2013, 'SA' NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy


The Seventh Circuit expands scope of absolute priority rule to protect creditors
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 22 2013

In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule - which


Delaware court provides critical guidance as to the commercial reasonableness of a UCC Article 9 foreclosure sale
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 7 2013

Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower's default. Article 9, Part 6 of the Uniform