News & Analysis as of

Indenture Trustee Commercial Bankruptcy

Faegre Drinker Biddle & Reath LLP

Debtor’s Obligation to Reimburse Indenture Trustee Limited to Incurred Fees and Costs

On June 25, 2021, Judge Shannon issued the Memorandum Opinion in In re Tribune Media Company, Chapter 11 Case No. 08-13141 (BLS), U.S. Bankruptcy Court for the District of Delaware, on remand from the U.S. District Court for...more

Jones Day

Windstream: When a Credit Derivatives Determinations Committee and a Court Disagree

Jones Day on

The Situation: Following a recent court decision holding that Windstream Services, LLC ("Windstream") failed to pay hundreds of millions of dollars in accelerated debt in 2017, the Credit Derivatives Determinations Committee...more

Katten Muchin Rosenman LLP

In re Tribune Co.: Allowance of Post-Petition Indenture Trustees Fees as Unsecured Claim

In a brief but significant opinion, the United States District Court for the District of Delaware reversed a decision by the United States Bankruptcy Court for the District of Delaware and allowed more than $30 million in...more

Kelley Drye & Warren LLP

Delaware Judge Rejects Challenge to Payment of Fees for Indenture Trustee in Southeastern Grocers Chapter 11 Case

Southeastern Grocers (operator of the Winn-Dixie, Bi Lo and Harvey’s supermarket chains) recently completed a successful restructuring of its balance sheet through a “prepackaged” chapter 11 case in the District of Delaware....more

Kramer Levin Naftalis & Frankel LLP

Are There Limits to the Remedial Powers of an Indenture Trustee?

In the recent case of Cortlandt St. Recovery Corp. v. Bonderman (NY Ct. Ap. Feb. 20, 2018), the New York Court of Appeals addressed the question of the limits on the authority of an indenture trustee to pursue remedial...more

Kramer Levin Naftalis & Frankel LLP

Compelling a Muni Indenture Trustee to Arbitrate Before FINRA

A recent decision out of the federal district court in Nevada, BOKF, NA v. Estes D. Nev. March 2, 2018), addressed the interesting question of whether an indenture trustee for municipal bonds could be compelled to arbitrate...more

Kramer Levin Naftalis & Frankel LLP

Debt Dialogue: August 2017 - Admitting an Inability to Pay Debts as They Become Due: What Does It Mean?

Among the litany of events of defaults often found in indentures and other credit documents is an issuer’s admission in writing of its inability to pay its debts as they come due. Like other insolvency events of default, this...more

Dorsey & Whitney LLP

Delaware Bankruptcy Court Approves Indenture Trustee Fees in Face of Fee Objection by Certain Noteholders

Dorsey & Whitney LLP on

On March 8, 2017, the U.S. Bankruptcy Court for the District of Delaware issued a decision in In re Nortel Networks Inc., et al., 2017 Bankr. LEXIS 674 (Bankr. D. Del. Mar. 8, 2017), that addresses the issue of whether an...more

Clark Hill PLC

Delaware Bankruptcy Court Reinforces that Hindsight is not a Basis to Object to Indenture Trustee Fees

Clark Hill PLC on

In the Chapter 11 case of Nortel Networks Inc., et al. ("Nortel"), pending in the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court"), a group of senior noteholders (the "Noteholders")...more

Mintz - Bankruptcy & Restructuring Viewpoints

Delaware Bankruptcy Court Issues Important Guidelines Concerning Payment of Indenture Trustee's Professional Fees

In Nortel Networks, Inc., Case No. 09-0138(KG), Doc. No. 18001 (March 8, 2017), the Delaware Bankruptcy Court ruled on the objections of two noteholders who asked the Court to disallow more than $4.4 million of the $8.1...more

Polsinelli

Catching Judge Sontchi’s “Flurry of Opinions” PARTS 2-3 OF 3

Polsinelli on

In This Issue: - In re: Energy Future Holdings Corp., et al, 14-10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:...more

Polsinelli

Catching Judge Sontchi’s “Flurry of Opinions” Part 1 of 3

Polsinelli on

In This Issue: - In re: Energy Future Holdings Corp., et al, 14 -10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:...more

Pillsbury Winthrop Shaw Pittman LLP

Lehman: New Limitations on Plan Payment of Individual Creditors’ Committee Members’ Professional Fees

In the recent case of Davis v. Elliot Mgmt. Corp. (In re Lehman Bros. Holdings Inc.), 2014 U.S. Dist. LEXIS 48102 (S.D.N.Y. Mar. 31, 2014), the District Court for the Southern District of New York issued a decision barring...more

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