Eric R. Blythe

Eric R. Blythe

Mintz Levin

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Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents

In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for...more

9/17/2014 - Commercial Bankruptcy Default Loans Make-Whole Premium Payment Bonds

Did The Supreme Court Finally Explain Marathon And Stern? - Executive Benefits’ Impact on Bankruptcy Court Jurisdiction

The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982),...more

6/30/2014 - Bankruptcy Code Commercial Bankruptcy Executive Benefits Insurance Agency v. Arkison Jurisdiction SCOTUS Stern v Marshall

Equity Begets Flexibility: Valuing a Secured Creditor’s Claim in Bankruptcy and Allocating Post-Petition Interest

The First Circuit Court of Appeals in In re SW Boston Hotel Venture, LLC, 2014 U.S. App. LEXIS 6768 (1st Cir. Apr. 11, 2014) recently ruled on a number of issues critical to valuing a secured claim in bankruptcy....more

6/16/2014 - Asset Valuations Collateral Commercial Bankruptcy Lenders Loans Prudential Secured Creditors

And the Tie Goes to … Due Process

Debtors must provide known creditors with actual notice of a claims bar date if they want the bar date to apply to those creditors. Such was the holding in In re Majorca Isles Master Association, Inc., Case No. 12-19056-AJC,...more

4/28/2014 - Commercial Bankruptcy Debt Collection Debtors Due Process

The Ninth Circuit Recharacterizes Recharacterization Jurisprudence

The Ninth Circuit in In re Fitness Holdings Int’l, 2013 U.S. App. LEXIS 8729 (9th Cir. April 30, 2013) recently reversed precedent and established that bankruptcy courts in the Ninth Circuit have the power to determine...more

7/29/2013 - Commercial Bankruptcy Creditors Debt Equity Investors Recharacterization Secured Creditors

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