Cramdown

News & Analysis as of May 23, 2013

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims

The fate of Argentina's debt restructuring is getting closer

by Sheppard Mullin Richter & Hampton LLP on 4/15/2013

In what the Financial Times has called “the sovereign debt restructuring case of the century,” Argentina has timely submitted its proposal as requested by the U.S. Court of Appeals for the Second Circuit, with which it is...more

Lenders Beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

by Eugene Kim | Sheppard Mullin Richter & Hampton LLP on 4/1/2013

In a recent Fifth Circuit decision, Western Real Estate Equities, LLC v. Village at Camp Bowie I, L.P., No. 12-10271 (5th Cir. 2013), the court held that the acceptance vote from a minimally and “artificially impaired” class...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

When “Loan to Own” Becomes “Own a Loan” – How a Recent Fifth Circuit Decision Rejecting the Artificial Impairment Doctrine...

by Mark Bane, Walter McCabe, Mark Somerstein | Ropes & Gray LLP on 3/8/2013

Chapter 11 of the U.S. Bankruptcy Code provides debtors with a number of tools to restructure comprehensively their debts and other liabilities as well as immediate protection from secured and unsecured creditors. In single...more

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

by Bloomberg Law on 2/27/2013

Feb. 27 (Bloomberg) -- Money stolen from victims of the Bernie Madoff Ponzi scheme is earmarked for someone who may have been an accomplice in the fraud, and the agreement is being kept secret by a federal district judge. ...more

Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation

by Scott St. Amand, J. Ellsworth Summers, Jr. | Rogers Towers on 12/11/2012

Cramdown. The very word makes the hair on the back of lenders’ necks stand up, because in the past, there was little a lender could do once the bankruptcy court confirmed a Chapter 11 plan....more

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Cramdown

The fate of Argentina's debt restructuring is getting closer

Lenders Beware -- Fifth Circuit has lowered the bar for cramdown plan confirmation

Fifth Circuit Decisions Concerning Confirmation Of Plans Of Reorganization

When “Loan to Own” Becomes “Own a Loan” – How a Recent Fifth Circuit Decision Rejecting the Artificial Impairment Doctrine...

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

Formal Objection to Confirmation not Necessary to Appeal “Absolute Priority” Violation

Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims [Video]

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