A “break – up fee” is a very common deal - protection mechanism, both inside and outside of chapter 11, designed to compensate an initial bidder in an auction for its efforts in con...
In an opinion issued on January 20, 2010 in the chapter 11 case of Premier International Holdings, Inc.,1 an affiliate of theme park owner and operator Six Flags, Inc., Judge Christopher ...
On November 24, 2009, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued a significant decision [1] in the ION Media Networks, Inc. ban...
In two recent decisions, the U.S. Court of Appeals for the Fifth Circuit and the U.S. District Court for the Eastern District of Pennsylvania held that a debtor may prohibit secured credi...
On October 13, in the chapter 11 cases of homebuilder TOUSA, Inc. and its subsidiaries, Judge John K. Olson of the United States Bankruptcy Court of the Southern District of Florida avoid...
While Chrysler and GM have made headlines for months, judges in other cases have been handing down opinions of significant import for secured and unsecured creditors. The three described ...
Special purpose entities (SPEs) have been used for years by various types of borrowers in financing transactions to isolate financial or other assets supporting a loan from the creditwort...
In a ruling issued last week, Bankruptcy Judge Allan L. Gropper of the Southern District of New York denied motions to dismiss the Chapter 11 cases of certain “bankruptcy-remote” spec...
