Competitive Bidding

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

by Rebecca Jacobs, Mark Palchick | Womble Carlyle Sandridge & Rice, PLLC on 5/8/2013

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

Seventh Circuit Holds That Debtor Cannot Circumvent Bankruptcy's Absolute-Priority Rule

by Winthrop & Weinstine, P.A. on 4/25/2013

Unless creditors accept a debtor's plan of reorganization, bankruptcy law requires the plan to provide for the payment in full of creditors before owners of the debtor receive anything on account of their equity interest....more

Seventh Circuit Reaffirms Absolute-Priority Rule in In re Castleton Plaza, LP

by Ferve Ozturk, Marc Skapof | BakerHostetler on 2/25/2013

Can an equity investor who directs an insider to contribute "new value" to a debtor under a plan of reorganization, so as to retain his interest in the company, avoid an express market test for that new equity? The answer to...more

Castleton Ruling Fortifies 7th Circ. Pro-Creditor Trend

by Rena Kelley, Jay M. Sakalo | Bilzin Sumberg Baena Price & Axelrod LLP on 2/25/2013

Originally published in Law360, February 22, 2013. As real estate markets continue to rebound, owners of single asset real estate properties are increasingly incentivized to devise bankruptcy strategies that allow them...more

Rogers Towers: Florida Deficiency Proceedings: Effect of Bids at the Foreclosure Sale

by Scott J. Kennelly | Rogers Towers on 2/21/2013

During a deficiency proceeding, once a creditor introduces the foreclosure sale price, the borrower technically has the burden of presenting evidence to establish the fair market value of the property. In the absence of such...more

Rogers Towers: Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 2/19/2013

Under the absolute-priority rule, unpaid creditors normally receive the equity in a reorganized business. If a plan of reorganization proposes a “new value” investment in exchange for equity, however, the rule does not...more

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

by Bradley Duncan, Hugh McCullough | Davis Wright Tremaine LLP on 2/18/2013

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

Design & Construction Practice: 2012 Year in Review

by Anatoly Darov, Timothy Famulare | Burns & Levinson LLP on 2/15/2013

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

Health Reform + Related Health Policy News Update - February 6, 2013

by Colleen M. Faddick, Bruce A. Johnson, Matthew Murer, Alan K. Parver | Polsinelli on 2/7/2013

In This Issue: - Top News ..CMS Announces Round 2 Competitive Bidding Single Payment Amounts ..CBO Lowers SGR Repeal Cost by $100 Billion ..Republicans Press HRSA on 340B Audits ..HHS Proposes...more

BuildSouth: Considering Construction Delivery Methods On Public Works

by Nancy Carey | Burr & Forman on 1/17/2013

Originally Published In BUILDSouth, Winter 2013. Historically, in Alabama, the project delivery methods available for owners to de-sign and construct private projects have differed from those delivery methods available...more

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