When a company enters bankruptcy, its assets are often sold to the highest or best bid. Secured lenders — those who have perfected liens on the company's assets — have a unique advantage under Section 363(k) of the Bankruptcy...more
1/15/2025
/ Collateral ,
Commercial Bankruptcy ,
Credit Bids ,
Creditors ,
Debt ,
Debtors ,
Lenders ,
Liens ,
Loans ,
Perfected Security Interest ,
Section 363 ,
Secured Debt
Lenders seeking to challenge controversial, often punitive, liability management transactions scored a recent win in Boardriders. The transaction at issue, a priming uptier exchange transaction favoring certain...more
A recent U.S. District Court for the District of Delaware opinion, In re TPC Grp. Inc., provided another instance of an uptiering transaction withstanding legal scrutiny and provides further support for the view that courts...more
8/17/2022
/ Appeals ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Loans ,
Contract Terms ,
Debt Instruments ,
Legal Opinion ,
Lenders ,
Liens ,
Noteholders ,
Priority Debt ,
Senior Secured Debt ,
Waterfall Provision