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Cadwalader
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LexisNexis Bankruptcy Law Community Staff
over 10 years ago
Bankruptcy
Top Cases
RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 2012 U.S. LEXIS 3944 (May 29, 2012)
LexisNexis Core Overview: Sales free of liens under 11 U.S.C.S. § 1129(b)(2)(A) [ an annotated version of this statute is available to lexis.com subscribers ] had to satisfy § 1129(b)(2)(A)(ii)'s requirements, not those of both §...
LexisNexis Bankruptcy Law Community Staff
over 11 years ago
Bankruptcy
Top Cases
River Rd. Hotel Partners, LLC v. Amalgamated Bank, 2011 U.S. App. LEXIS 13131 (June 28, 2011)
LexisNexis Overview: Bankruptcy court did not err in denying confirmation of Chapter 11 debtors' plans on the basis that they did not comply with the specific requirements of 11 U.S.C.S. § 1129(b)(2)(A)(ii) because debtors could not sell encumbered...
Steve Jakubowski
over 10 years ago
Bankruptcy
Bankruptcy Law Blog
A Chicago Bankruptcy Case Lands at the US Supreme Court: The RadLAX Oral Argument - Part I
Chicago bankruptcy professionals descended on the US Supreme Court to catch the final chapter in the RadLAX bankruptcy saga, one that had a remarkably swift journey to the highest court of the land. The case started as the neglected stepchild of Amalgamated...
Kelley Drye & Warren LLP
over 8 years ago
Bankruptcy
Bankruptcy Law Blog
Loan to Moan? Judge Limits Right to Credit Bid in Chapter 11 Case of Free Lance-Star Publishing Co.
by Ben Feder A few months ago, a ruling in the Chapter 11 case of Fisker Automotive narrowed a secured creditor’s right to credit bid its debt in connection with a sale of the debtor’s assets. The decision surprised many observers and resurrected...
James Lawniczak
over 11 years ago
Bankruptcy
Bankruptcy Law Blog
A Secured Creditor's Absolute Legal Right to Credit Bid (Part 2)
James Lawniczak considers the circuit split over whether a secured creditor has an absolute right to credit bid when its collateral is being sold through a chapter 11 reorganization plan. Looking in detail at the Seventh Circuit's decision in River...
Kelley Drye & Warren LLP
over 11 years ago
Bankruptcy
Bankruptcy Law Blog
Take Me to the River (Road): The Seventh Circuit Prepares to Weigh In On Credit Bidding
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...
LexisNexis Bankruptcy Law Community Staff
over 11 years ago
Bankruptcy
Bankruptcy Law Blog
Secured Lenders 101 - A Basic Review with Ancela Nastasi
On this edition, Ancela Nastasi, partner in the Restructuring and Bankruptcy Group at Richards Kibbe & Orbe LLP, explains "secured lender," intercreditor agreements, credit bidding, loan to own strategies and cram-down. Copyright© 2010...
Kenneth Klee
over 10 years ago
Bankruptcy
Bankruptcy Law Blog
A Preview of the Supreme Court's Decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank
Professor Kenneth Klee previews the issues that the U.S. Supreme Court will be addressing in the RadLAX Gateway Hotel decision, most specifically whether creditors holding liens on auctioned assets have the right to credit bid their claims at the auction...
Kelley Drye & Warren LLP
over 8 years ago
Bankruptcy
Bankruptcy Law Blog
None Too Appealing – District Court Turns Aside Free Lance-Star Publishing Credit Bid Lender
by Ben Feder A recent ruling in the Chapter 11 case of Free Lance-Star Publishing limited the credit bidding rights of a secured creditor . The ruling has called into question the ability of the holder of secured debt to utilize such debt to acquire...
Kelley Drye & Warren LLP
over 10 years ago
Bankruptcy
Bankruptcy Law Blog
Supreme Court Indubitably Grapples With Credit Bidding
The Supreme Court heard arguments yesterday in RadLAX Gateway Hotel over whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing its secured lenders an opportunity to credit bid their debt. ...
Stephen Sather
over 12 years ago
Bankruptcy
Bankruptcy Law Blog
Highlights from the National Conference of Bankruptcy Judges Day 1
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...
Paul H. Zumbro & Robert H. Trust
over 12 years ago
Bankruptcy
Bankruptcy Law Blog
In re Philadelphia Newspapers, LLC, 2010 U.S. App. LEXIS 5805 (3d Cir. Mar. 22, 2010)
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...
Kelley Drye & Warren LLP
over 11 years ago
Bankruptcy
Bankruptcy Law Blog
Does a Single "Or" Excommunicate Congressional Intent From the Bankruptcy Code? Supreme Court to Resolve Circuit Split on Credit Bidding
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...
LexisNexis Bankruptcy Law Community Staff
over 10 years ago
Bankruptcy
Bankruptcy Law Blog
LexisNexis® Bankruptcy Law Community Podcast: Kenneth Klee and Ancela Nastasi on the U.S. Supreme Court's decision in RadLAX Gateway Hotel LLC v. Amalgamated Bank.
On this edition, Ancela Nastasi of Fulbright & Jaworski and Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern discuss the May 29, 2012 U.S. Supreme Court decision in RadLAX Gateway Hotel LLC v. Amalgamated Bank in which the court held that a secured...
James Cordrey
over 10 years ago
Bankruptcy
Bankruptcy Law Blog
U.S. Supreme Court: U.S. Solicitor General May Take Part In RadLAX Arguments
WASHINGTON, D.C. - The U.S. Supreme Court on April 2 granted the U.S. solicitor general leave to participate in oral arguments in a case in which a creditor bank argues that the Bankruptcy Code precludes confirmation of a hotel chain's Chapter...
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