Appeals, Liens, Bankruptcy Code

Secured Lenders Win Victory in Sanchez Bankruptcy

Jones Day on 7/21/2025

The Ad Hoc Group of Senior Secured Noteholders and DIP Lenders (the "Ad Hoc Group") obtained a unanimous judgment in their favor in an appeal following Sanchez Energy Company's long-running, hard-fought bankruptcy case. Once...more

In the Third Circuit, an Intercreditor Agreement Means What it Says

ArentFox Schiff on 9/24/2019

The Plain Meaning Language of an Intercreditor Agreement Determines Whether it Governs Plan Distributions or Adequate Protection Payments - In a recent non-precedential opinion, the United States Court of Appeals for the...more

Second Circuit Holds Trustee’s Recovery of Fraudulent Transfer Is Not Double Recovery

Herbert Smith Freehills Kramer on 8/28/2019

In Jones v. Brand Law Firm, P.A. (In re Belmonte), Case No. 18-2098-bk (2d Cir. July 25, 2019), the Second Circuit affirmed both the bankruptcy court and district court decisions that found the Trustee was not barred by 11...more

First Circuit Finds Chapter 9 Special Revenue Provisions Permit Voluntary Payment, But Do Not Require Them

King & Spalding on 4/2/2019

On March 26, 2019, the First Circuit Court of Appeals, affirming a decision by the District Court emanating out of the Puerto Rico Title III bankruptcy cases, found that Sections 928(a) and 922(d) of the Bankruptcy Code...more

Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric...

Jones Day on 8/15/2017

The ability of a trustee or chapter 11 debtor in possession ("DIP") to sell bankruptcy estate assets "free and clear" of liens on the property under section 363(f) of the Bankruptcy Code has long been recognized as one of the...more

Appeals › Liens › Bankruptcy Code

Secured Lenders Win Victory in Sanchez Bankruptcy

In the Third Circuit, an Intercreditor Agreement Means What it Says

Second Circuit Holds Trustee’s Recovery of Fraudulent Transfer Is Not Double Recovery

First Circuit Finds Chapter 9 Special Revenue Provisions Permit Voluntary Payment, But Do Not Require Them

Two Recent Decisions Demonstrate Continued Disagreement Over Whether Economic Value or Face Amount of Liens Is Appropriate Metric...

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