• Claim for Attorney Fees Incurred Post-Chapter 11

    December 01, 2016 |

    There are many issues for creditors to consider during the Chapter 11 plan confirmation process. One such issue involves the dischargeability of a claim that accrues pre-petition, continues to accrue after the filing of the debtor's Chapter 11 petition, and extends beyond confirmation of the debtor'

  • Distressed Suppliers

    December 01, 2016 |

    How Your Company Can Deal with the Problem

    Often, purchasers of goods are confronted with financially troubled suppliers and have to decide how best to deal with the supplier in question. There are many pitfalls that you need to avoid. With the complete arsenal of law and informatio

  • When Can't a Creditor Credit Bid?

    November 01, 2016 |

    The growing presence of non-traditional lenders has been a noticeable trend in the finance industry for years. Yet these lenders have always played a prominent role in distressed lending. Often, they are industry participants who are not only extending a lifeline to the debtor, but perhaps more impo

  • Industry Growth for 2016 Forecast to -0.5%

    November 01, 2016 |

    In what began as a year with a forecast of modest growth, The Equipment Leasing & Finance Foundation (ELFA) has just released its Q4 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, reducing the year's growth expectations to -0.5%, marking a steady decline in growth forecast for

  • Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan

    November 01, 2016 |

    In In re Reichhold Holdings US, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Ba

  • Post-Petition Interest in a Solvent Case

    November 01, 2016 |

    What Interest Rate Controls?

    In today's low-interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent

  • When a Lessee Files for Bankruptcy

    November 01, 2016 |

    A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the

  • The Troubled Energy and Production (Oil and Gas) Sector

    October 15, 2016 |

    The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.

  • Challenges in Solar Equipment Finance

    October 02, 2016 |

    This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. It explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing