Bankruptcy and Financial Restructuring
Representative Articles
| 06/14/2010 | Lenders Beware: Preservation of Credit Bid Rights Not Required Under Chapter 11 Plans ...More This is a follow-up to the Jan. 18 issue of the New Jersey Law Journal, discussion of two court decisions that analyzed a secured creditor’s “right” to credit bid, and the interplay of that right when a secured creditor’s collateral is being sold under a Chapter 11 plan. Porzio Bankruptcy/financial restructuring group attorneys discuss the implications of In re Philadelphia Newspapers, LLC, et al., 418 B.R. 548, 573 (E.D. Pa. 2009) and the Third Circuit’s decision that when a Chapter 11 debtor proposes a plan to sell a lender’s collateral and seek confirmation under the Indubitable Equivalent Prong, the lender cannot have the plan deemed unconfirmable on the basis that a lender has an absolute right to credit bid when its collateral is being sold. Less |
| 01/18/2010 | Secured Creditor's Right to Credit Bid May Be at Risk ...More A secured creditor’s right to credit bid and the interplay of that right when a secured creditor’s collateral is being sold under a Chapter 11 plan has recently been put in focus by two court decisions: (i) In re Pacific Lumber Co., 2009 WL 3082066 (5th Cir. Sept. 29, 2009); and (ii) In re Philadelphia Newspapers, LLC, et al., No. 09-11204, Docket No. 1234 (Bankr. E.D. Pa. 2009). This article focuses on each decision’s analysis of whether a debtor can satisfy the “indubitable equivalent” prong of Section 1129(b)(2)(A) of the bankruptcy code when a Chapter 11 plan proposes to sell the secured creditor’s collateral and preclude the secured creditor from credit bidding in that sale. Less |
| 10/19/2009 | Hospital Bankruptcies: Who's Administering the Shots |
| 09/30/2009 | US Bankruptcy Roundtable |
| 11/02/2007 | Fleming: Executory Contract Assignment Not Approved When Proposed Assignee Could Not Comply with a Term Deemed Integral to the Bargained-for Exchange |
| 08/01/2007 | Overbedding, Hospital Closures and a Potential “Soft Landing” for Healthcare Creditors: Recent Efforts in New Jersey |
| 05/03/2007 | Pre-Plan Settlements Post-Iridium: Priority Scheme Will Be Most Important Factor |
| 01/01/2006 | Boon for Defendants: The Road from Plaintiff’s Bankruptcy to Summary Judgment |
| 08/01/2005 | Sweeping Changes are Here: The Bankruptcy Reform Act of 2005 |
| 06/01/2005 | You Can’t Get Back on Your Feet Without Your Shoes: A Review of Property Exemptions in Bankruptcy and the Impact of Proposed Bankruptcy Reform |
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