News & Analysis as of

Chapter 7 Loans

King & Spalding

Bankruptcy Appellate Panel of the Tenth Circuit Rejects Claw Back for Third Party Guaranty

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On February 21, 2024, the U.S. Bankruptcy Appellate Panel of the Tenth Circuit held that a debtor who receives several direct benefits from a loan to an operating company has received “reasonably equivalent value” in exchange...more

Seward & Kissel LLP

Green Light for Yellow? No Christmas Miracle, Karma Chameleon, and MNK 22

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Apollo-Led Lenders Sell Yellow Loan to Citadel | Wall Street Journal - Apollo Global Management and other affiliated lenders have exited a $500 million loan with now bankrupt trucking company, Yellow. The loan was sold to...more

King & Spalding

Bankruptcy Court Avoids Loan Obligation as Fraudulent Transfer and Orders the Repayment of Pre-Judgment Payments and Interest

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On April 29, 2022, the U.S. Bankruptcy Court for the District of New Jersey avoided a debtor’s $2 million loan obligation and returned $592,875.03 in repayments on that loan—with pre- and post-judgment interest—to the...more

Fox Rothschild LLP

The Tragic Case Of The Dangling Debt

Fox Rothschild LLP on

We live in an age when it is oh-so-easy to incur debt, sometimes without even knowing it. The moral of this story is that clients need to try to remember the documents they signed before their divorce is over. And even...more

Troutman Pepper

Second Circuit Rules Private Student Loans May Be Discharged in Bankruptcy

Troutman Pepper on

On July 15, the U.S. Court of Appeals for the Second Circuit ruled that private student loans are not explicitly exempt from a debtor’s Chapter 7 bankruptcy discharge....more

Hinshaw & Culbertson LLP

Fifth Circuit Rules For-Profit Student Loans Are Dischargeable Without Proof of "Undue Borrower Hardship"

Hinshaw & Culbertson LLP on

Many student loan borrowers, lenders, and servicers operate under the presumption that student loans are generally not dischargeable in bankruptcy, absent an "undue hardship." That notion may no longer be a bright line rule,...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay

When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its...more

King & Spalding

Southern District of New York holds that intercreditor agreement allows for payment of subordinated lender’s post-petition...

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On January 27, 2017, the United States District Court for the Southern District of New York ruled that the subordinated creditor was entitled to payment of post-petition interest prior to repayment of the senior lender’s...more

Sullivan & Worcester

Fair Warning: Amendments or Supplements to Language Often Found in Amended and Restated Loan Agreements May Be Required

Sullivan & Worcester on

Recently, the U.S. Court of Appeals for the Sixth Circuit issued an opinion in the Chapter 7 bankruptcy case Bash v. Textron Financial Corporation (In re Fair Finance Company), which has important effect on a number of legal...more

Orrick, Herrington & Sutcliffe LLP

U.S. Sixth Circuit Holds that Customary Language in Amendment and Restatement Agreements May Extinguish Existing Security...

On August 23, 2016, the U.S. Court of Appeals for the Sixth Circuit held in the Chapter 7 bankruptcy case In re Fair Finance Company that an amendment and restatement of a loan and security agreement may have been a novation...more

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