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February Newsletter

By Peter Clark on February 4, 2015
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Reed Smith’s global Commercial Restructuring & Bankruptcy team have recently published the February Edition of their quarterly newsletter. The newsletter provides a detailed review of some of the most important legal developments in the sector.  The February issue includes the following:

  • Minority Holders Gain Leverage Through Recent Interpretation of Trust Indenture Act
  • New Jersey Joins Number of States Creating Specialty Business Courts
  • Credit Bid Rights Bolstered in Tennessee Bankruptcy Court Decision
  • Make-Whole Premium Denied, and Cramdown of Below-Market Interest Rate Notes Allowed
  • More from MPM Silicones – Junior Lienholders’ Actions Were Consistent with Their Rights under an Intercreditor Agreement
  • IRS Obtains Equitable Subordination of PIK Notes
  • Creditor Entitled to Full Value of Services in ‘New Value’ Defense to Preference Action
  • Construction Lender’s Failure to Notify Builder of Financial Insufficiencies Does Not Warrant Equitable Subordination
  • Drop-Shipped Goods are Not ‘Received’ by the Debtor and Thus Not Entitled to Administrative Priority
  • Does a Bank Violate the Automatic Stay by Freezing an Individual Bankrupt’s Account on the Filing of a Chapter 7 Petition?
  • ‘Officer’ Indemnification Case Under Delaware Law May Provide Bankruptcy Code ‘Insider’ Insights
  • ‘Deemed Acceptance’ Deemed Acceptable for Cramdown, But Not for Section 1129(a)(10) ‘Actual Acceptance’
  • Trustee’s Theory of Unreasonably Small Capital Fails in Constructively Fraudulent Avoidance Action
  • Deepening Insolvency Not a Claim Under Texas Law
  • Attempt to Re-litigate State Court Decision Before Bankruptcy Court Results in Dismissal
  • Structured Dismissal Approved When in the Interests of the Creditors
  • Counsel’s Corner: News from Reed Smith

Readers who wish to print and read the newsletter in its entirety may do so by clicking here.

Photo of Peter Clark Peter Clark

Peter is the Global Head of the Commercial Restructuring & Bankruptcy Group. Peter is ranked one of the “Nation’s Top 10 Bankruptcy Lawyers” in the 2013 and 2014 editions of United States Lawyer Rankings. He is included in the 2007-2014 editions of The…

Peter is the Global Head of the Commercial Restructuring & Bankruptcy Group. Peter is ranked one of the “Nation’s Top 10 Bankruptcy Lawyers” in the 2013 and 2014 editions of United States Lawyer Rankings. He is included in the 2007-2014 editions of The Best Lawyers in America in the specialties of Bankruptcy and Creditor-Debtor Rights. In addition, he was selected as one of America’s Leading Bankruptcy Lawyers by Chambers USA (“Peter was singled out as brilliant for really sophisticated matters”) and by the Legal 500 (“Peter achieves extremely positive results in very difficult bankruptcy cases”). He holds an AV rating by Martindale-Hubbell, which is the law publication’s highest rating level for skill and integrity. He is the immediate past Chair of the Loan Workouts Committee of the Business Law Section of the American Bar Association.

Peter represents lenders, private equity funds, hedge funds, mutual funds, venture capital companies, insurance companies, indenture trustees, investors and committees of creditors in all aspects of workouts, restructurings, and reorganizations of financially distressed companies. He typically represents bank groups or agent banks in workouts and restructurings of syndicated credits. He appears regularly in the bankruptcy courts throughout the United States, including in Pennsylvania, New Jersey, New York and Delaware.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Global Restructuring Watch
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

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