October 30, 2020
Creditors are entitled to ‘default interest’ when the debtor is solvent.
October 20, 2020
Electing English law upheld, even though no one had any connection with the U.K.
October 06, 2020
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
September 15, 2020
Even though the price and terms were ‘entirely fair,’ Bankruptcy Judge Garrity disapproved DIP financing that would have locked in the right of controlling shareholders to purchase new stock at a 20% discount.
September 11, 2020
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.
August 14, 2020
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
August 03, 2020
The UCC protects retainers in the hands of lawyers from secured lenders bent on glomming their collateral.
July 28, 2020
Reclamation creditors no longer have liens or administrative claims if a secured lender sucks up all the value in reclaimed goods.
June 24, 2020
In a rapid-fire appeal, the Fifth Circuit ruled that the Small Business Act bars bankruptcy courts from enjoining the SBA.