Recent Posts

Sbarro and Quiznos Serve Up Prepackaged “Cramdown” Plans
Posted on 28 Mar 2014 by Kelley Drye & Warren LLP

by Ben Feder The chapter 11 filings this month of Sbarro and Quiznos share many similarities . Both companies are looking to survive in a difficult sector of a tough industry. Both were forced to seek bankruptcy despite recent successful efforts to... Read More

Chapter 11 Once Again Safe for Undersecured Lenders - Supreme Court Affirms Right to Credit Bid in RadLax
Posted on 1 Jun 2012 by Kelley Drye & Warren LLP

By Ben Feder The U.S. Supreme Court today in Radlax Gateway Hotel, LLC, et al. v. Amalgamated Bank unanimously upheld the right of secured creditors to credit bid their debt upon a sale of their collateral pursuant to a nonconsensual chapter 11 plan... Read More

Fifth Circuit Issues Two Decisions Easing Path for Chapter 11 Debtors
Posted on 19 Mar 2013 by Stephen Sather

Within the span of a few days, Judge Patrick Higginbotham of the Fifth Circuit released two decisions which will ease the way for chapter 11 debtors to confirm their plans. In the first decision, the Court definitively put a stake through the heart... Read More

In re Philadelphia Newspapers, LLC, 2010 U.S. App. LEXIS 5805 (3d Cir. Mar. 22, 2010)
Posted on 28 Apr 2010 by Paul H. Zumbro & Robert H. Trust

Authors from Cravath, Swaine & Moore consider the Third Circuit's decision in In re Philadelphia Newspapers. This decision, along with the decision in In re Pacific Lumber, marks a significant departure from long-held expectations of secured... Read More