Topic
Cram Down
19 published works
Bankruptcy Litigation Blog 2.0
Chief Bankruptcy Judge Halfenger Adopts Treasury Rate for Till’s Formula Approach in Chapter 11 Hotel Cramdown
In a meticulous, 32-page opinion that reads more like a finance treatise than a stay-relief ruling, Chief Judge G. Michael Halfenger (Bankr. E.D. Wis.) delivered perhaps the most thorough judicial…
Riverside County Bankruptcy Lawyer Blog
Cram Down in Chapter 13
A “cram down” in bankruptcy refers to a legal process used primarily in Chapter 13 bankruptcy cases, allowing debtors to reduce the principal balance of a secured debt to the…
Restructuring Globalview
Are HMRC Critical To UK Restructuring Plans?
It’s now level pegging for HMRC on cram down - twice it has been crammed down, and twice it has not. In the most recent restructuring plan proposed by Prezzo,…
Real Bankruptcy Intel
Replacement Financing Ends Momentive Cram-Down Rate Fight
By Sean T. Scott, Aaron Gavant
The Momentive Performance Materials bankruptcy resulted in a number of disputes on issues germane to bankruptcy practitioners, including on intercreditor agreements (as we wrote about here), the enforceability of makewhole…
Delaware Bankruptcy Update
Mette Kurth: 2nd Circuit Reverses Course on Cramdown Interest Rates
On her The Bottom Line 11 blog, Fox partner Mette Kurth examined a recent U.S. Court of Appeals for the Second Circuit decision in In re MPM Silicones (the Momentive case). The court…
Restructuring Globalview
Secured Lenders Take Note: Second Circuit Rejects Make-Whole Premiums But Opens The Door To Higher Interest Rates
As they say, what one hand giveth, the other hand taketh. In its recent decision in In re MPM Silicones, LLC, the U.S. Court of Appeals for the Second Circuit…
Delaware Bankruptcy Update
Sixth Circuit Rejects Bad Faith Cram Down
In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the U.S. Court of…
In Solvency
Sixth Circuit Rejects Bad Faith Cram Down
In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the U.S. Court of…
Restructuring Globalview
Hypo Group Alpe Adria AG’s Bondholders Resist Cramdown
Hypo Group Alpe Adria AG, an Austrian banking group, was nationalized by the Austrian government in 2009 in order to avert a bank collapse. The Austrian province of Carinthia owned…
Plan Proponent
Zero Times Something is Still Zero: Adapting Till to Unsecured Creditors
(click the picture to log into ABI and read the Jan. 2016 edition) We'd like to take a quick moment and plug shamelessly an article that I co-wrote with Richard Gaudet of…