Commercial Law & Contracts, Commercial Real Estate, Bankruptcy

In re School Specialty, Inc., Case No. 13-10125 (KJC) (Bankr. D. Del. Apr. 22, 2013)

by Marc Skapof | BakerHostetler on 5/24/2013

In an age of historically low interest rates, lenders rely on fee income and other devices to enhance their returns. One of these mechanisms -- and one that can have dramatic consequences for a borrower -- is the inclusion of...more

Michigan, Ohio Lenders Will See Impact from New Nonrecourse Loan Restrictions

by Joshua Stevens | Dinsmore & Shohl LLP on 4/22/2013

Lenders located in Michigan and Ohio that are engaging in nonrecourse loans will want to become familiar with a recent change in the law which will have an impact on the use of certain carve-outs in nonrecourse loans....more

How Graphics Helped a Trial Team Show Complex Data and Win

by Cogent Legal on 4/12/2013

I love hearing the news that one of our clients had a great result using the work we did for them. The most recent big win I’m happy to report is Manatt, Phelps & Phillips, LLP, won a major lender liability/wrongful...more

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

by Richard London | Perkins Coie on 3/22/2013

The U.S. Court of Appeals for the Fifth Circuit recently issued two decisions that affect a borrower’s ability to confirm a bankruptcy plan, Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village...more

Rogers Towers: Radlax

by Jacob J. Payne | Rogers Towers on 3/14/2013

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

U.S. Bank, Nat’l Ass’n v. Lightstone Holdings, LLC (N.Y. App. Div. Feb. 14. 2013) -- Senior Lender Gets Second Chance to Assert...

by King & Spalding on 2/22/2013

A recent decision in the protracted litigation by lenders of Extended Stay to recover under guaranties executed by owners of Extended Stay highlights the need for clear and unambiguous drafting in intercreditor agreements....more

Summary of the 2010 Amendments to Chapter 9 of the Texas Uniform Commercial Code: Effective July 1, 2013

by Allen Dickey on 2/7/2013

Summary of the 2010 Amendments to Chapter 9 of the Texas Uniform Commercial Code: Effective July 1, 2013, Allen Dickey, Esq. Jonathan Ursprung, Esq. New secured lending rules in Texas will change a number of the...more

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

by Peter James Herrigel | Cole Schotz on 1/10/2013

In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to...more

Using Letters Of Credit For Tenant Credit Enhancement

by Michael Kuhn | Jackson Walker on 1/3/2013

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where...more

2012 Year In Review – Part 1

by Peter M. Friedman, Douglas Mintz, Joseph Zujkowski | Cadwalader - Financial Restructuring on 12/24/2012

In This Issue: - March 9, 2012: Publication of Dynegy Examiner’s Report - March 29, 2012: SDNY Rules That 363 Sales May Not Be Free and Clear of Future Claims - May 15, 2102: Eleventh Circuit Rules in...more

Ruling Protects Secured Creditors' Rights

by Pullman & Comley, LLC on 10/2/2012

Originally published in the Connecticut Law Tribune on September 24, 2012. When a Chapter 11 debtor proposes to sell secured assets prior to confirmation of a plan, it may not do so without providing its secured...more

Who owns the rents? Recent cases highlight uncertainty as to effect of mortgage rent assignments in New York bankruptcies

by Loeb & Loeb LLP on 9/10/2012

Originally published in the August 27, 2012 issue of Thomson Reuters News & Insight. Amid the recent proliferation of commercial mortgage defaults in New York, the question of whether property of a debtor’s bankruptcy...more

Business Leasing and Finance News (BLFN) Summer Edition 2012

by Patton Boggs LLP on 8/20/2012

In This Issue: 1. Latest Decisions in Lease Accounting Project Cloud Industry’s Future 2. Aviation Industry Buffeted by FAA Plans for Non-Citizen Trusts 3. BLFN Case & Comment: Secured Creditors Win Back...more

Finding that Underlying Development Agreement was Terminated, Delaware Bankruptcy Court Disallows Claim for Rejection Damages

by Cadwalader, Wickersham & Taft LLP on 8/17/2012

On July 9, 2012, Judge Mary F. Walrath of the Bankruptcy Court for the District of Delaware disallowed a claim for rejection damages related to a real estate development agreement, because the claim had been released upon the...more

Real Estate Newsletter - June 2012

by Lowenstein Sandler LLP on 7/2/2012

Lowenstein Sandler's Real Estate Practice Group is pleased to provide you with this newsletter of recent legislative developments, court decisions and other real estate news that may impact your business. This publication is...more

Commercial Restructuring & Bankruptcy Alert - June 2012

by Reed Smith on 7/2/2012

In this issue: - Construction Lenders Beware - Supreme Court Upholds Secured Creditor’s Right to Credit Bid in a Bankruptcy Case - Jointly Administered Plans Must Obtain Impaired Class Approval ‘Per Debtor’...more

SCOTUS: Secured Creditors Cannot Be Denied the Right to Credit-Bid

by Sands Anderson PC on 6/14/2012

On May 29, 2012, the United States Supreme Court decided Radlax Gateway Hotel, LLC v. Amalgamated Bank, ruling that secured creditors cannot be denied the right to credit-bid on the sale of property or assets in the context...more

Canonized Credit-Bidding: The Supreme Court Unanimously Affirms Secured Creditor's Right to Credit-Bid at Free and Clear Sale in...

by Sheppard Mullin Richter & Hampton LLP on 6/11/2012

On May 29, 2012, the Supreme Court ruled 8-0 that a debtor could not confirm a plan over a secured creditor’s objection if the plan provided for the sale of the secured creditor’s collateral free and clear of liens, but did...more

Supreme Court Upholds Right to Credit-Bid in 363 Sales Embedded in Reorganization Plans

by Pillsbury Winthrop Shaw Pittman LLP on 6/8/2012

In the recent case of RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 2012 WL 1912197 (May 29, 2012), the Supreme Court in a unanimous 8-0 opinion, delivered by Justice Scalia, held that the Bankruptcy Code statutory scheme...more

Score One For Secured Lenders: U.S. Supreme Court Rules That Bankruptcy Debtors Cannot Sell Secured Lender’s Collateral Free And...

by Winthrop & Weinstine, P.A. on 6/7/2012

The U.S. Supreme Court does not often rule for secured lenders on bankruptcy issues. But on May 29, 2012, the Supreme Court did just that, resolving a split among lower courts on whether a debtor in Chapter 11 could confirm a...more

Bilzin Sumberg Baena Price & Axelrod LLP

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Commercial Law & Contracts › Commercial Real Estate › Bankruptcy