Searching Content indexed under Financial Restructuring by Ropes & Gray LLP ordered by Published Date Descending.
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Supreme Court Bankruptcy Decision Strengthens Creditor Leverage In Plan Negotiations
On May 4, 2015, in the case Bullard v. Blue Hills Bank, the United States Supreme Court held that debtors in chapter 13 (and presumably chapter 9 and 11 as well) are not entitled as of right to immediately appeal bankruptcy court orders denying confirmation of a proposed plan of reorganization.
United States
6 May 2015
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 – secured lenders will face the specter of losing any semblance of market treatment.
United States
3 Sep 2014
Supreme Court Upholds Limited Bankruptcy Court Jurisdiction Over Defendants In Fraudulent Transfer Actions; Leaves An Open Door To Constitutional Challenges When Parties Face A Trial In Bankruptcy Court
On June 9, 2014, the Supreme Court issued a decision in Executive Benefits Insurance Agency v. Arkison, a case that tested the extent of the jurisdiction of bankruptcy court judges to decide fraudulent transfer and certain other claims against non-debtors.
United States
10 Jun 2014
When "Loan To Own" Becomes "Own A Loan" – How A Recent Fifth Circuit Decision Rejecting The Artificial Impairment Doctrine Increases Risks For Distressed Real Estate Investors
Chapter 11 of the U.S. Bankruptcy Code provides debtors with a number of tools to restructure comprehensively their debts and other liabilities as well as immediate protection from secured and unsecured creditors.
United States
8 Mar 2013
Trust Me - A Security Trustee’s Duties To Subordinated
A recent High Court judgment has highlighted the importance for mezzanine creditors of including express and robust contractual protections when negotiating intercreditor agreements and provides a helpful summary of a trustee’s duties to mezzanine lenders when enforcing security.
United States
13 Dec 2012
Supreme Court Affirms The Right Of Secured Creditors To Credit Bid In A Sale Under A "Cramdown" Plan Of Reorganization
On May 29, 2012, in "RadLAX Gateway Hotel, LLC v. Amalgamated Bank", the United States Supreme Court unanimously held that a debtor may not confirm a chapter 11 plan.
United States
9 Jun 2012
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