Jacob J. Payne

Jacob J. Payne

Rogers Towers

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Collecting Deficiency on Wholly-Unsecured Nonrecourse Loan (in Chapter 11)

Some of you who read the title of this post may have done a quick double-take, as it is well established that lenders may not collect a deficiency on a nonrecourse loan under state law. However, the Bankruptcy Code provides...more

12/17/2013 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Deficiency Judgments Nonrecourse Loans Reorganizations Secured Debt Unsecured Debt

Rogers Towers: Radlax

Can a Chapter 11 debtor propose a plan to sell a lender’s collateral free and clear of the lender’s lien without allowing the lender to credit bid? The Supreme Court says “no”—unless there’s cause....more

3/14/2013 - Chapter 11 Collateral Credit Bids Lenders Liens Radlax

Rogers Towers: New Equity Auctions

Seventh Circuit holds that new equity in a Chapter 11 debtor must be auctioned…and that a creditor may credit bid. In a Chapter 11 bankruptcy, if the debtor’s owners want to continue to own the debtor after...more

3/7/2013 - Absolute Priority Rule Auction Chapter 11 Credit Bids

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