Cram Down

How Bankruptcy Can Solve Your “Too Expensive Car” Problem

06/06/17

http://www.bankruptcylawnetwork.com/wp-content/uploads/repossessed-car-3... 300w" sizes="(max-width: 438px) 100vw, 438px" />Next to home mortgages, motor vehicle loans are often your most expensive purchase.

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Relief From Your 72 Month Car Loan

06/06/16

cram downhttp://www.thebklawyer.com/thebkblog/wp-content/uploads/2016/06/cram-dow... 298w" sizes="(max-width: 254px) 100vw, 254px" />Financial experts bemoan the “crisis” in student loan de

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Sixth Circuit Denies Bad Faith Cram Down

02/08/16

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail section 1129(a)(3)’s requirement of having been proposed in good faith.

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Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway

02/08/13

By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders and noteholders, which soon thereafter gained the support o

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Chapter 11 Once Again Safe for Undersecured Lenders - Supreme Court Affirms Right to Credit Bid in RadLax

05/29/12

 

The U.S. Supreme Court today in Radlax Gateway Hotel, LLC, et al. v. Amalgamated Bank unanimously upheld the right of secured creditors to credit bid their debt upon a sale of their collateral pursuant to a nonconsensual chapter 11 plan of reorganization.  As described in numerous prior posts on this site, the ruling resolves a split between circuits and removes a cloud of ambiguity from chapter 11 cases. 

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Third Circuit Opinion Creates Precedent Important for Secured Creditors

05/16/12

The Third Circuit released a precedential opinion on May 14, 2012 that can greatly impact bankruptcy debtors attempting to reorganize as well as their secured creditors.  A copy of the opinion is available here (the "Opinion").  Because Fox Rothschild was directly involved in this case and argued before the Third Circuit, I will only be providing a brief summary of the Opinion.

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The World’s Worst Ever Sellout – Is Your State In?

02/08/12

Over 40 states have already signed on to the sellout deal the corrupt politicians negotiated, so they could run for office beating their chests bragging about their tremendous accomplishment, with their mortgage company liege lords, who should have already started their prison terms, to get them off the hook for the greatest financial crimes in our history.

Just in case you wonder where I stand.

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