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In In re Endeavour Highrise L.P., 2010 WL 935359 (Bankr. S.D. Tex. Mar.

Contributed by Sunny Singh

Contributed by Conray C. Tseng

Contributed by Debra A. Dandeneau.

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Congress added Section 562 to the Bankruptcy Code. Section 562 governs the timing of damage measurements with respect to swap agreements, securities contracts,

Does a secured creditor have an absolute right to acquire its collateral, which is sold pursuant to a plan of reorganization, by credit bidding its debt?

Pursuant to section 104(a) of the Bankruptcy Code (11 U.S.C.

In a recent decision, the United States Court of Appeals for the Third Circuit further defined its standard for awarding a break-up fee to an unsuccessful “stalking horse” bidder for a debtor’s assets.

Over the last several years, there have been a series of decisions rendered by the federal courts of appeals that grappled with the application of §510(b) to a claim that does not readily fall within the statute’s language.  Click