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Equitable Subordination of a Creditor's Secured Claim when such Secured Creditor is, itself, in Bankruptcy

In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditor's claim and transfer the lien securing that claim, when such creditor is,

6 min read

Who's SARE Now? Bankruptcy's Single Asset Real Estate Rules And Their Impact On Commercial Real Estate

Given the state of commercial real estate, the prospect for defaults by commercial borrowers has greatly increased.

6 min read

Who's SARE Now? Bankruptcy's Single Asset Real Estate Rules And Their Impact On Commercial Real Estate

Given the state of commercial real estate, the prospect for defaults by commercial borrowers has greatly increased.

6 min read

Two More Decisions Issued On Whether Bankruptcy Rule 2019 Requires Informal Groups To Disclose Their Trades

The First Two Delaware Decisions. In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc.

6 min read

Two More Decisions Issued On Whether Bankruptcy Rule 2019 Requires Informal Groups To Disclose Their Trades

The First Two Delaware Decisions. In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc.

6 min read

Third Circuit Clarifies Standard For Allowance of Break-Up Fees in Section 363 Sales

In a recent decision, the United States Court of Appeals for the Third Circuit further defined its standard for awarding a break-up fee to an unsuccessful “stalking horse” bidder for a debtor’s assets.

6 min read