The Ninth Circuit B.A.P. has affirmed in In re Alameda Investments, LLC that transfer restrictions in a limited liability company operating agreement to which the debtor was a party do not prohibit transfer of the debtor’s entire membership interest (including
Restructuring Debt Review
Developments and Trends in Bankruptcy Law
Restructuring Debt Review, published by Stoel Rives LLP, focuses on legal issues related to debt restructuring, bankruptcy, and insolvency. The blog covers topics such as bankruptcy filings, creditor and debtor rights, debt workouts, financial restructurings, and litigation arising from insolvency cases. It discusses statutory interpretations, court rulings, and regulatory developments affecting debtors, creditors, trustees, and investors. The blog also addresses practical considerations in bankruptcy proceedings, including leasehold interests, debt collection practices, and voidable transactions. It serves as a resource for understanding complex financial and legal challenges in distressed business situations.
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The Intrusion of Section 506(b) in Foreclosure Proceedings
By Oren Haker
On June 23, 2014, the Fifth Circuit Court of Appeals weighed in on the applicability of section 506(b) to an oversecured creditor’s entitlement to payment for interest, fees and expenses in a case in which the secured creditor obtained relief…
Credit Bidding in Bankruptcy – Not So Sacrosanct
By Oren Haker
In devising loan-to-own lending strategies, the Delaware Bankruptcy Court’s decision in In re Fisker Auto. Holdings, Inc. serves as a warning shot to secured lenders that private sales on an expedited basis are hard sells to a bankruptcy judge.
Fisker…