Debtors, Chapter 11 | JD Supra Law News

Wilbur Ross Says Results-Based System Can Curb Ch. 11 Fees

by Bernstein Shur on 4/26/2013

Law360, New York (December 03, 2012, 7:05 PM ET) -- An American Bankruptcy Institute commission designed to take stock of the state of Chapter 11 anticipates that any changes to the Bankruptcy Code would likely focus on the...more

Recent Court Decisions Hold That The Absolute Priority Rule Still Protects Creditors Of Individual Chapter 11 Debtors

by Daniel Gosch | Dickinson Wright on 4/18/2013

As the economic recovery continues to wind along through the up and down financial cycles that have been the hallmark of the last four years, there can be little doubt that some individuals historically on the higher end of...more

To Release Or Not to Release – If That Is the Question, What Is the Answer?

by Ella Shenhav, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 4/8/2013

In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases in a plan of reorganization. In In re Indianapolis Downs, LLC, 2013 Bankr....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

Bankruptcy Court Rejects Forum-Shopping Ploy

by Irve J. Goldman | Pullman & Comley, LLC on 3/22/2013

Originally published in the Connecticut Law Tribune on March 11, 2013. It has become a reality of bankruptcy practice that most large or complex Chapter 11 cases are filed and administered in one of two so-called...more

Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court

by Carren Shulman, Christine Swanick, Wilda Wahpepah | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a...more

Village At Camp Bowie: The Fifth Circuit Weighs In On Artificial Impairment

by Deborah Kovsky-Apap, Lesley Welwarth | Pepper Hamilton LLP on 3/14/2013

A key tenet of reorganization under Chapter 11 is that if the debtor’s plan impairs creditors, at least some of those creditors must agree to the plan. More specifically, “if a class of claims is impaired under the plan, at...more

In Confirming Indianapolis Downs Chapter 11 Plan, Delaware Bankruptcy Court Provides Guidance On Permissibility Of Binding Plan...

by John Henry Schanne, II | Pepper Hamilton LLP on 3/1/2013

On January 31, 2013, the United States Bankruptcy Court for the District of Delaware (the court) upheld a post-petition “lock-up” agreement in approving confirmation of the proposed plan in In re Indianapolis Downs, LLC, 2013...more

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Debtors › Chapter 11

Wilbur Ross Says Results-Based System Can Curb Ch. 11 Fees

Recent Court Decisions Hold That The Absolute Priority Rule Still Protects Creditors Of Individual Chapter 11 Debtors

To Release Or Not to Release – If That Is the Question, What Is the Answer?

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

Bankruptcy Court Rejects Forum-Shopping Ploy

Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court

Village At Camp Bowie: The Fifth Circuit Weighs In On Artificial Impairment

In Confirming Indianapolis Downs Chapter 11 Plan, Delaware Bankruptcy Court Provides Guidance On Permissibility Of Binding Plan...

When Lenders are the Losers in Bankruptcy Court...Well, Not so Fast

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

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

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

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