In this Issue:

- Lenders Beware

- International Insolvency Laws: Will One Size Fit All? The Debate Continues

- ‘Fair and Equitable’ Means More Than Amortization Schedule

- Pre-Petition Security License in Proceeds of FCC License Continues Post-Petition – Tracy Broadcasting Overturned

- Secured Creditor Does Not Participate in Bankruptcy Case, Court Allows Lien to Pass Through Plan Confirmation

- Greens Fees Not ‘Rents, Proceeds or Profits’ of Blanket Lien, and Not Cash Collateral

- Determining Whether a Chapter 11 Plan Is Unconfirmable Without a Confirmation Hearing

- Loan ‘Participant’ that Bears No Risk is Neither a ‘Participant’ nor a Creditor

- Chancery Court Examines Factors of Proximate Cause in Delaware Tortious Interference Claim

- Section 546(b) Filings Sufficient Objection to Overcome Priming Lien of DIP Lender

- Separation of Claims Solely on the Basis of Personal Guaranty Not Permitted

- Discrimination in Classification of Claims Okay, So Long as Not Unfair Discrimination

- Continuing ‘Material’ Obligations Render License Agreement Executory – Lewis Brothers Affirmed

- Court Adopts ‘Addition Theory’ in Applying Unnecessary Adequate Protection Payments

- Counsel’s Corner: News From Reed Smith

An excerpt from "Lenders Beware"

A new troubling case from California allows borrowers to present evidence of prior oral statements of a lender which contradict the terms of the written agreement between the parties with a standard integration clause. Marsha Houston of our Los Angeles office writes more about the case below.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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