A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more
1/24/2020
/ Appeals ,
Backstop Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Claim Terms ,
Commercial Bankruptcy ,
Complex Corporate Transactions ,
Constitutional Challenges ,
Contested Proceedings ,
Contract Terms ,
Corporate Restructuring ,
Creditors ,
Debt Securities ,
Debtors ,
Equity Securities ,
Impaired Creditor ,
Intercreditor Agreements ,
Junior Lenders ,
Make-Whole Premium ,
Non-Consensual Rights ,
Oil & Gas ,
Post-Petition Interest ,
Proof of Claims ,
Remand ,
Reversal ,
Shareholders ,
Subordinated Debt ,
Third-Party Release Agrements ,
Unimpaired Creditors ,
Unsecured Debt
In U.S. Bank N.A. v. Village at Lakeridge, LLC, the U.S. Supreme Court issued an important decision on standards of appellate review, holding that appellate courts should review a bankruptcy court’s determination of whether a...more
4/25/2018
/ Appeals ,
Appellate Review ,
Arms Length Transactions ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Clear Error Standard ,
Cramdown ,
Creditors ,
De Novo Standard of Review ,
Judicial Deference ,
Non-Statutory Insider Status ,
SCOTUS ,
Standard of Review ,
US Bank National Association v Village at Lakeridge
In recent years, courts have become increasingly critical of the doctrine of equitable mootness, a judicially created abstention doctrine that allows appellate courts to dismiss appeals from a bankruptcy court’s confirmation...more