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Lack of Knowledge is No Defense: Seventh Circuit Strips Bank’s Lien on More than $300 Million in Assets | Absolute Priority
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Illinois Bankruptcy Court Articulates Low Threshold for Equitable Subordination of Insider Secured Loan. Rough Waters Could Be Ahead for Those Seeking Protection of Section 546(e) Safe Harbor →. March 2, 2016 · 11:08 am. Lack of Knowledge is No Defense: Seventh Circuit Strips Bank’s Lien on More than $300 Million in Assets. In re Equipment Acquisition Resources, Inc. Last month, however, the Seventh Circuit took a narrower view of the good faith defense with respect to liens. In. A cash management firm, ...
Equitable Subordination | Absolute Priority
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Category Archives: Equitable Subordination. February 9, 2016 · 1:13 pm. Illinois Bankruptcy Court Articulates Low Threshold for Equitable Subordination of Insider Secured Loan. Filed under Bankruptcy litigation. Follow Blog via Email. Enter your email address to follow this blog and receive notifications of new posts by email. Cooley’s Corporate Restructuring & Bankruptcy Practice. About our nationally recognized practice. Absolute Priority Issues and Other Articles. Create a website or blog at WordPress...
Uncategorized | Absolute Priority
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November 19, 2015 · 2:43 pm. The House Always Wins: Seventh Circuit Broadly Applies Good Faith Defense Under Section 550(b)(1) to Fraudulent Transfer Defendant That Lost Millions at Casino. In good faith, and without knowledge of the voidablity of the transfer avoided. The case, In re Equipment Acquisition Resources, Inc. With respect to whether the casino took the transfers without knowledge, the Court looked to its prior decision in Bonded Financial Services, Inc. v. European American Bank. With respec...
Gifting | Absolute Priority
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December 16, 2015 · 12:44 pm. A Holiday Present from the Third Circuit? The Court of Appeals Upholds a Secured Lender’s Gift to General Unsecured Creditors Under Narrow Circumstances. The Third Circuit Court of Appeals, whose rulings bind the Delaware bankruptcy courts in which a significant number of large chapter 11 cases are administered, first addressed gifting in 2005 in. In re Armstrong World Industries, Inc. ICL Holding Company, Inc. Decision authorizes a gift from a senior lender to a junior cred...
Ninth Circuit | Absolute Priority
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Tag Archives: Ninth Circuit. November 11, 2016 · 9:41 am. Ninth Circuit Rules That A Purchaser of An Insider’s Claim Should Not Be Deemed an Insider for the Purposes of Voting on a Plan of Reorganization. Not counting the votes of insiders. Provided that certain other Code requirements are met. US Bank N.A. v. The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC). And that of a. Reasons and uninfected with the unique motivations of the insider. But the dissenting portion of the opinion ...
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Absolute Priority: The Blog for Business Bankruptcy, Insolvency and Restructuring | Current Discussions and Information on Business Bankruptcy Issues
Absolute Priority: The Blog for Business Bankruptcy, Insolvency and Restructuring. Current Discussions and Information on Business Bankruptcy Issues. July 26, 2012. Third Circuit Holds that a Bankruptcy Court at the Disclosure Statement Hearing Can Convert a Case from Chapter 11 to Chapter 7 if the Proposed Plan is “Patently Unconfirmable”. Posted by Brad Sandler under Uncategorized. In re: American Capital Equipment LLC and Skinner Engine Co. On appeal to the Third Circuit, the appellants argued, among ...
Absolute Priority | News, trends and developments from the continually evolving bankruptcy sector
November 11, 2016 · 9:41 am. Ninth Circuit Rules That A Purchaser of An Insider’s Claim Should Not Be Deemed an Insider for the Purposes of Voting on a Plan of Reorganization. Not counting the votes of insiders. Provided that certain other Code requirements are met. US Bank N.A. v. The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC). And that of a. Reasons and uninfected with the unique motivations of the insider. But the dissenting portion of the opinion concluded that the claims pur...
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