Limiting Credit Bidding for 'Cause' Under Section 363(k)
August 02, 2015
Recently, the ABI Commission to Study the Reform of Chapter 11 released its 2012-2014 Final Report and Recommendations in which the Commissioners implicitly rejected the contrary reading of "cause" tendered by the Third Circuit in <I>In re Philadelphia Newspapers, LLC</I>, and both cited and seemingly applied, to some degree, in <I>In re Fisker Automotive Holdings, Inc.</I>
Payments to Investors in a Securitization Structure Protected from Avoidance
August 02, 2015
The Bankruptcy Court for the Northern District of Illinois recently held that payments made to investors in the two-tiered securitization structures commonly employed in commercial CMBS transactions are largely protected from fraudulent or preferential transfer claims by the securities contract safe harbor set forth in Bankruptcy Code section 546(e).
Does the 'Best Interests' Test Protect the Tardy?
July 02, 2015
While Chapter 11 is generally known as the reorganization chapter of the Bankruptcy Code, more recently, it has been used as a vehicle to manage the orderly liquidation of business entities through plans of liquidation. Whether such liquidations follow sales of a debtor's assets under ' 363 or monetization of assets of a debtor over time, the liquidating plan often provides for payments to the creditor body that generally follow the priority of distribution set forth in ' 726.
Obituary
June 02, 2015
It is with great sadness that <I>The Bankruptcy Strategist</I> announces the passing of long-time editorial board member Harvey Miller.
'Operating Interests,' 'Working Interests,' 'Production Payments' and 'Overriding' Royalty Interests
June 02, 2015
The recent decline in oil prices and the historically low and stagnant natural gas prices are causing various parties in the oil and gas industries to seek bankruptcy protection. As a result, bankruptcy judges must apply specialized Bankruptcy Code provisions and varying other applicable non-bankruptcy laws to determine the rights of debtor and non-debtor parties to such agreements as those providing Overriding Royalty Interests (ORRI) and Net Operating Interests (NOI).
Chapter 9 Cases with Debtors Other Than Cities, Counties and Towns
June 02, 2015
Over the past several years, Chapter 9 has been the subject of unprecedented attention, both within the bankruptcy bar and among the public at large. This surge in interest is attributable to a number of high-profile Chapter 9 cases filed recently by cities, counties, and towns throughout the country.
