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How Fisker changes the bankruptcy asset sale landscape

USA - February 25 2014 In the Chapter 11 bankruptcy of Fisker Automotive Holdings Inc., a manufacturer of hybrid electric vehicles, the U.S. Bankruptcy Court for the...

Meg McKenzie Feist, Drew Goodwin.

Recent decisions underscore importance of carefully drafted make-whole premium provisions in loan documents

USA - October 21 2013 Two recent decisions have shown that courts will rely heavily on the plain meaning of contract language when considering the enforceability of...

Andrew J. Hickey, John F. Ventola, Sean M. Monahan, Kevin J. Simard, Peter M. Palladino.

Credit bidding at risk? Third Circuit rules that secured lenders do not have the statutory right to credit bid their claims

USA - March 26 2010 The United States Court of Appeals for the Third Circuit has ruled that secured lenders do not have a statutory right to credit bid their claims in connection with a sale of the debtor's assets effectuated through a chapter 11 plan of reorganization....

Recent court decisions provide guidance on protecting private company sellers when their company files for bankruptcy after the sale

USA - August 13 2009 Two US federal appeals courts recently held that a provision of the Bankruptcy Code can protect private company sellers in the event that the company they sold later goes bankrupt and a fraudulent transfer claim is brought against them to recover the sale proceeds....

Stephen M. L. Cohen.

Bankruptcy court equitably subordinates claim of non-insider senior lender

USA - June 8 2009 In an unusual ruling recently entered in the Chapter 11 case of Yellowstone Mountain Club, LLC and certain of its subsidiaries, the United States Bankruptcy Court for the District of Montana equitably subordinated the claim of a non-insider senior secured lender....

Laura C. Glynn, John F. Ventola.