February 11, 2025

In Lender-on-Lender Violence, an ‘Uptier’ Financing Bites the Dust, this Time in Houston

Fancy drafting by ‘brilliant financiers and lawyers,’ the judge said, didn’t validate an uptier transaction when the ‘effect’ was to release collateral without a two-thirds vote.

5th Circuit, Texas, Texas Southern District

January 14, 2025

Fifth Circuit Holds that Equitable Mootness Doesn’t Protect Parties to the Appeal

Fifth Circuit didn’t permit plan proponents to structure a chapter 11 plan so that an appeal would be equitably moot.

5th Circuit

January 13, 2025

Fifth Circuit Bans Uptier Financings for Violating the Principle of Ratable Treatment

The Fifth Circuit declines to adopt a securities industry guidebook for what’s a permissible financing.

5th Circuit

January 04, 2022

Lender Socked in Dallas with $17 Million in Damages for Breach of Contract and Fraud

A lender’s breach of a factoring agreement forced a company into bankruptcy that would have survived otherwise, Judge Jernigan says.

5th Circuit, Texas, Texas Northern District

August 20, 2021

A Lender Is Entitled to Demand a Change in Management, Fifth Circuit Says

It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.

5th Circuit