Chapter 11

Too Close for Comfort? LATAM Judge Upholds $1.3 Billion in Intercompany Loans

12/15/22

A decision earlier this year in the LATAM Airlines Group bankruptcy addressed the validity of claims arising from intercompany loans between a corporate debtor’s affiliates.  Judge James L. Garrity’s opinion overruling objections to the claims provides helpful guidance on an issue that often gives rise to disputes in chapter 11 cases.

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The Trap of Merchant Cash Advances and Financing

09/22/22

If you have a business, you have no doubt received advertisements for “merchant cash advances,” “merchant loans” or “merchant financing,” whether or not those specific terms are used.  If in doubt, just do a search for those terms and you will get a couple pages of sponsored ads (but be warned the big brother of the internet will flood you with ads after that).  Based on cases I have now, and calls I have received, business has picked up considerably for those

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New Chapter 11 Filing Alert – Governors Gun Club Kennesaw, LLC

08/19/22

The Governors Gun Club of Kennesaw  filed a Chapter 11 case in the Northern District of Georgia on August 17, 2022. Case No. 22-20787-jrs. The reason for the filing, as stated in pleadings filed with the Court –

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In a Case of First Impression, 11th Circuit Rules “New Value” Can Be Both Preference Defense and Administrative Claim

08/02/22

In Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee, No. 20-14647, 2022 WL 2800195 (11th Cir.

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No Honor Among Creditors: Delaware Judge Issues Important Ruling On “Uptier” Transaction

07/27/22

Intercreditor disputes in bankruptcy are common.  Typically, however, they center around predictable disagreements between senior or junior classes of creditors such as valuation battles or lien perfection challenges.  A recent decision in the Delaware chapter 11 case of TPC Group has highlighted a new trend of “intra-creditor class warfare,” involving, in the understated words of

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