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Searching Content by Alyson Gal Allen ordered by Published Date Descending.
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Podcast - Credit Funds: Make-Wholes And Cramdowns: Understanding The Recent Second Circuit Momentive Decision
Credit funds that invest in distressed debt, whether through secondary trading or loan origination, not only must evaluate the borrower's credit quality and business plan, but, with the help of their lawyers, ...
United States
9 Mar 2018
2
Bankruptcy Court Holds That Secured Creditors Can Be "Crammed Down" With Below-Market Rate Replacement Notes
This decision will introduce a new level of risk to leveraged lending Ė secured lenders will face the specter of losing any semblance of market treatment.
United States
3 Sep 2014
3
Ninth Circuit Widens Circuit Split Over Application Of State Or Federal Bankruptcy Law To Determine Whether Claims Of Insider-Lenders Should Be Recharacterized As Equity
Between 2003 and 2006, Fitness Holdings issued approximately $24 million of promissory notes with maturities ranging from 2006 to 2009 to its sole shareholder, Hancock Park.
United States
7 May 2013
4
Secured Lenderís Large "Makewhole" Claim Upheld By Delaware Bankruptcy Court
The United States Bankruptcy Court for the District of Delaware recently upheld a secured lenderís claim for a $23.5 million "makewhole" premium over the heavily litigated objection raised by the unsecured creditorsí committee in In re School Specialty, Inc., No. 13-10125.
United States
29 Apr 2013
5
Secured Lenderís Large "Makewhole" Claim Upheld By Delaware Bankruptcy Court
The United States Bankruptcy Court for the District of Delaware recently upheld a secured lenderís claim for a $23.5 million "makewhole" premium.
United States
26 Apr 2013
6
Wamu Court Allows Equity Committee To Pursue "Equitable Disallowance" Of Noteholder Claims Based On Allegations Of Insider Trading
On September 13, 2011, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware granted standing for an equity committee in In re Washington Mutual, Inc. ("WaMu") to seek "equitable disallowance" of claims held by noteholders that had traded claims after engaging in negotiations with WaMu over the terms of a global restructuring.
United States
28 Sep 2011
7
Revised Bankruptcy Rule Eliminates Pricing Disclosures For Ad Hoc Committee Members
In chapter 11 bankruptcy cases, creditors and equity holders with common interests often find it advantageous to pool resources and form an ad hoc group or committee. Because the committee represents a larger amount of claims or interests, it speaks with more authority in the bankruptcy case, and the members are able to save money by sharing the cost of legal and financial advisors.
United States
17 May 2011
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