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Debtors Borrowers Bankruptcy Court

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit Bankruptcy Appellate Panel upholds discharge of private student loan debt

On August 12, the U.S. Bankruptcy Appellate Panel for the 8th Circuit upheld a lower court’s ruling that discharged a debtor’s student loan debt owed to a state bank, finding that repayment would impose an undue hardship....more

McGlinchey Stafford

Second Department Holds Judicial Estoppel Bars Application of FAPA

McGlinchey Stafford on

On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more

Jones Day

Business Restructuring Review Vol. 24, No. 4 | July–August 2025

Jones Day on

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

Orrick, Herrington & Sutcliffe LLP

The Impact of the Serta and Mitel Decisions: What Comes Next

The Fifth Circuit struck down Serta Simmons’ 2020 uptier transaction, while the New York Appellate Division upheld a similar transaction in a case involving Mitel Networks, exposing key differences in how courts interpret...more

Troutman Pepper Locke

Idaho Bankruptcy Court Holds that Later-Recovered Assets Revert to Borrower Absent Plan Provision to the Contrary

Troutman Pepper Locke on

What happens to funds recovered by the trustee after the final plan payment is made in a chapter 13 case? According to the U.S. Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those...more

Jones Day

Cure and Reinstatement of Defaulted Loan Under Chapter 11 Plan Requires Payment of Default-Rate Interest

Jones Day on

Section 1124(2) of the Bankruptcy Code gives chapter 11 debtors a valuable tool for use in situations where long-term prepetition debt carries a significantly lower interest rate than the rates available at the time of...more

Troutman Pepper Locke

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

Troutman Pepper Locke on

On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...more

Alston & Bird

Structured Finance Spectrum - Summer 2023

Alston & Bird on

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

King & Spalding

Bankruptcy Court Finds Lender Tortiously Interfered With Debtor’s Access to DIP Financing

King & Spalding on

On September 2, 2022, the U.S. Bankruptcy Court for the Southern District of West Virginia found that a lender’s actions to prevent one of its borrowers from extending DIP financing to another borrower (the debtor)...more

Nelson Mullins Riley & Scarborough LLP

Good Problems to Have: Recovery of Interest by Unsecured Creditors of a Solvent Chapter 11 Debtor

Imagine this: you sell a product to a company on credit at 8% interest until you are paid, and the company files for bankruptcy before repayment.  Or maybe you are a hard money lender that made an unsecured loan at 18% to a...more

Perkins Coie

Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and Deferrals

Perkins Coie on

Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Assignment of Rents and Bankruptcy

If you are a lender whose collateral includes rents from an apartment building, shopping mall, or other income-producing property, you might want to check your loan documents to be sure that you have taken an absolute...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay

When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its...more

Greenberg Glusker LLP

November Surprise? Ninth Circuit Resurrects Post-Default Interest

Greenberg Glusker LLP on

The additional “default interest” owed when a borrower defaults under a loan agreement is a technical but highly critical part of any lending arrangement. This important “default interest” was the subject of a recent Ninth...more

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