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
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
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
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
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
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
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
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
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
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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