News & Analysis as of

Intercreditor Agreements Collateral

King & Spalding

Northern District of Texas Reiterates That Plain Language of Contract Controls Intercreditor Agreement in Dispute Over Collateral

King & Spalding on

On August 24, 2022, the U.S. District Court for the Northern District of Texas held that the plain language of an intercreditor agreement governed the lenders’ priority with respect to a borrower’s collateral. Cattle operator...more

King & Spalding

Third Circuit Rules Intercreditor Agreement Doesn't Apply to Plan Distributions

King & Spalding on

On June 19, 2019, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued a decision concerning the distribution of collateral under an intercreditor agreement—finding that adequate protection payments and plan...more

Jones Day

Secured Lenders’ Interest Does Not Reach Reorganized Equity

Jones Day on

In In re MPM Silicones, LLC, the U.S. District Court for the Southern District of New York recently affirmed a 2014 opinion by the U.S. Bankruptcy Court for the Southern District of New York in an intercreditor dispute that...more

Kramer Levin Naftalis & Frankel LLP

What Is Collateral in a Bankruptcy Reorganization?

The bankruptcy of Energy Future Holdings has spawned numerous decisions in the various segments of its Chapter 11 case. ...more

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