Recent Posts

Take Me to the River (Road): The Seventh Circuit Prepares to Weigh In On Credit Bidding
Posted on 2 May 2011 by Kelley Drye & Warren LLP

The U.S. Court of Appeals for the Seventh Circuit has taken under advisement the latest case involving the now contentious issue of credit bidding. Judge Bruce Black of the United States Bankruptcy Court for the Northern District of Illinois last... Read More

Highlights from the National Conference of Bankruptcy Judges Day 1
Posted on 18 Oct 2010 by Stephen Sather

I am attending the National Conference of Bankruptcy Judges meeting in New Orleans this week. Here are some highlights. Lawrence P. King Award The Commercial Law League of America presented the Lawrence P. King Award to Judge Burton Lifland from... Read More

Does a Single "Or" Excommunicate Congressional Intent From the Bankruptcy Code? Supreme Court to Resolve Circuit Split on Credit Bidding
Posted on 3 Jan 2012 by Kelley Drye & Warren LLP

The U.S. Supreme Court will rule this term in RadLAX Gateway Hotel Inc. v. Amalgamated Bank on whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing the secured lender an opportunity to credit... Read More

Cadwalader Restructuring Review, June 2010
Posted on 19 Jul 2011 by Cadwalader, Wickersham & Taft LLP

Philly News: Third Circuit Upholds Bidding Procedures Denying Lenders Opportunity to Credit Bid By Douglas S. Mintz, Leslie Chervokas and Mark Arinci The Third Circuit Court of Appeals recently affirmed the District Court's ruling in In re Philadelphia... Read More

So This Is Why Judges Bother to Write Dissenting Opinions -- Seventh Circuit Decision on Credit Bidding Vindicates Judge Ambro's Philadelphia Newspapers Dissent
Posted on 28 Jul 2011 by Kelley Drye & Warren LLP

Critics of last year's decision on credit bidding by the Third Circuit Court of Appeals in the Philadelphia Newspapers chapter 11 case welcomed the Seventh Circuit's recent unanimous opinion in River Road Hotel Partners LLC . The Seventh Circuit... Read More