Jeanne S. Lofgren

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

USA - December 11 2013 Edgewater Growth Capital Partners LP created the debtor and guaranteed its indebtedness. After several attempts to restructure the debtor, the…

Commercial restructuring & bankruptcy alert (vol. IV, no. 3)

USA - November 25 2013 Most of us are familiar with the concept that liens generally pass through a bankruptcy. But what happens to the secured creditor’s claim if the…

Alison Wickizer Toepp, Luke E. Debevec, Joseph D. Filloy, Peter S. Clark, II, Brian M. Schenker

Comity outweighed by significant differences in law in chapter 15 case

USA - June 12 2013 This case demonstrates the applicability of chapter 15 proceedings, the interaction between the emphasis on comity and the core established…

Loan ‘participant’ that bears no risk is neither a ‘participant’ nor a creditor

USA - February 18 2013 The dispute involved competing interests in the proceeds of a stock sale. The stock of the debtor’s subsidiary was pledged as security for repayment…

Offshore bankruptcy-remote entity is not bankruptcy-proof; trust indenture voting requirement overridden in involuntary bankruptcy case

USA - March 15 2012 An involuntary chapter 11 case was commenced in the Bankruptcy Court by senior noteholders against a Cayman Islands corporation that had been established as a special purpose entity to hold securities.