Hugh McCullough

Hugh McCullough

Davis Wright Tremaine LLP

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1st Circuit Limits Secured Lender’s Right to Post-Petition Interest by Applying Flexible Standard

In an important decision for lenders, the 1st Circuit Court of Appeals recently decided In re SW Boston Hotel Venture LLC, holding that a bankruptcy court was right to give a lender a claim for post-petition interest...more

4/18/2014 - Commercial Bankruptcy Hotels Secured Lenders

"New Value" Plans Require Competitive Bidding, Says 7th Circuit

In a decision issued yesterday, the 7th Circuit Court of Appeals held that insiders can't be given a special opportunity to invest in a bankrupt debtor under the guise of contributing "new value" unless the debtor makes the...more

2/18/2013 - Absolute Priority Rule Chapter 11 Competitive Bidding Debtors Investment Opportunities New Value Plans Reorganizations

Montana Bankruptcy Court Confirms Electricity Is a “Good” Under the Bankruptcy Code

The United States Bankruptcy Court for the District of Montana in connection with In re Southern Montana Electric Generation and Transmission Cooperative, Inc. held that electricity was a “good” for purposes of section...more

1/14/2013 - Electricity Goods Proof of Claims UCC

9th Circuit Issues Important Post-Stern Opinion

On Dec. 4, 2012, the U.S. Court of Appeals for the 9th Circuit delivered its long-awaited decision in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.). The Bellingham decision...more

12/6/2012 - Debtor-Creditor Fraudulent Conveyance

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