News Topic: Plan of Reorganization
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Mette Kurth: 2nd Circuit Reverses Course on Cramdown Interest Rates
On her The Bottom Line 11 blog, Fox partner Mette Kurth examined a recent U.S. Court of Appeals for the Second Circuit decision in In re MPM Silicones (the Momentive case). The court followed the lead of the Sixth Circuit in establishing a two-step ... Read full article
Judge Silverstein’s Opinion in Millennium Lab Holdings Threatens to Bring Clarity and Common Sense to Debate Regarding Constitutional Power of Bankruptcy Courts
In December 2015, U.S. Bankruptcy Court Judge Laurie Silverstein of the District of Delaware confirmed a plan of reorganization in the Millennium Lab Holdings chapter 11 case that included the non-consensual release of certain claims against various ... Read full article
Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases
After a hearing on the approval of a disclosure statement, Judge Edward J. Coleman of the Middle District of Georgia ruled that the absolute priority rule and new value exception apply in individual Chapter 11 cases. In re Rogers , Ch. 11 Case No. ... Read full article
Energy Future Holdings Chapter 11 Case – The Largest Game Ever of Texas Hold’em?
The chapter 11 case of Energy Future Holdings (“EFH” or “Debtors”) roared back to life this month. ... Read full article
Energy Future Holdings – Kicking a Very Large Can Down the Road
Energy Future Holdings (“EFH” or “Debtors”) has cleared all of the preliminary hurdles in its path as it moves towards the confirmation of its plan of reorganization (the “Plan”). Last week Judge Christopher Sontchi of the United States Bankruptcy Court ... Read full article
DIP Financing: How Chapter 11′s Bankruptcy Loan Rules Can Be Used To Help A Business Access Liquidity
Cash Is King . An army may march on its stomach, but for companies, it’s liquidity that keeps the business going. For many companies, typical sources of liquidity, beyond cash flow from sales or other revenue, are (1) financing from banks or other secured ... Read full article
DIP Financing: How Chapter 11's Bankruptcy Loan Rules Can Be Used To Help A Business Access Liquidity
Cash Is King . An army may march on its stomach, but for companies, it's liquidity that keeps the business going. For many companies, typical sources of liquidity, beyond cash flow from sales or other revenue, are (1) financing from banks or other ... Read full article
DeX Games – SuperMedia and Dex One File Simultaneous Chapter 11 Cases to Effect Merger
Distressed m&a is the “new normal” in Chapter 11 cases, as noted here and elsewhere . Two large media marketing and advertising companies, SuperMedia and Dex One , took the “new normal” to new extremes l ... Read full article
Spring 2013 Edition Of Bankruptcy Resource Now Available
The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has now been released. The newsletter gives updates on current developments and trends in the ... Read full article
DeX Games - SuperMedia and Dex One File Simultaneous Chapter 11 Cases to Effect Merger
Distressed m&a is the “new normal” in Chapter 11 cases, as noted here and elsewhere . Two large media marketing and advertising companies, SuperMedia and ... Read full article
Absolute Priority Rule Absolutism? Strict Interpretation of Bankruptcy Code Cramdown Provisions Nearly Causes Hawker Beechcraft Plan Confirmation to Skid Along the Runway
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 ... Read full article
Supreme Court Bids Adieu To Plans Denying Secured Creditors The Right To Credit Bid
On May 29, 2012, only a little more than a month after the April 23, 2012 oral argument in the case , the U.S. Supreme Court issued its decision in RadLAX Gateway Hotel, LLC, et al. v. ... Read full article
Summer 2011 Edition Of Bankruptcy Resource Now Available
The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
Spring 2011 Edition Of Bankruptcy Resource Now Available
The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
Summer 2011 Edition Of Bankruptcy Resource Now Available
The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
Linden Ponds, Inc. & Hingham Campus, LLC File for Chapter 11 Protection in Texas
Affiliated entities Linden Ponds, Inc. and Hingham Campus, LLC voluntarily filed for chapter 11 protection earlier today in Dallas. The companies, which are related to Senior Living Retirement Communities LLC (formerly known as Erickson Retirement ... Read full article
Spring 2011 Edition Of Bankruptcy Resource Now Available
The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article
Judge Clears Way For Sale of Texas Rangers
The Texas Rangers’ lenders thought they had thrown a perfect strikeout pitch to prevent the confirmation of the Rangers’ proposed plan of reorganization. Instead, they now know how Hugh Casey felt. ... Read full article
