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Post date: Friday, January 01, 2010

In In re Crescent Oil Company, et al., Case No. 09-20258, pending in the U.S. Bankruptcy Court for the District of Kansas, the court entered an order approving a gifting carve-out that could provide a road map for some undersecured lenders in their dealings with unsecured creditors’ committees.

Post date: Sunday, November 01, 2009

Credit bidding, which has been used with increasing frequency as a tool for secured creditors to obtain possession of their collateral rather than receive the proceeds of a sale for consideration they view as inadequate, allows a secured creditor to set off sums owed to such secured creditor as a bid in certain sales of property of a debtor’s estate.

Post date: Sunday, November 01, 2009

Many secured lenders do not realize the risks associated with lending upon collateral involving underground storage tanks (USTs).

Post date: Wednesday, July 01, 2009

In a recent decision that caught the attention of many in the secured lending community, the U.S.

Post date: Wednesday, July 01, 2009

The recent decision of Hon. Arthur J. Gonzalez in the chapter 11 cases of Chrysler LLC and its affiliated debtors recalls the oft-repeated maxim "be careful what you wish for." In re Chrysler LLC, et al., Case No. 09-50002 (AJG) (Bankr. S.D.N.Y. April 30, 2009).

Post date: Monday, December 01, 2008

"So, I say to myself, Self, things could be worse. And, sure enough!"

Don't blame the home mortgage mess on the Bankruptcy Code.

Section 11 USC 109 excludes insurance companies and "lending institutions" from title 11. Why? Because it is regulated under some other state and/or federal law.


Deborah L. Thorne [1]
Post date: Saturday, November 01, 2008

In an effort to protect suppliers who sell goods in the days leading up to a customer's bankruptcy, Congress has, via §503(b)(9) of the Bankruptcy Code, carved out special treatment for claims made by creditors who sell and deliver goods to a debtor during the 20 days before a debtor's filing.

Post date: Wednesday, August 01, 2007

For the past year or so, regulators and investors have been eyeing the subprime-mortgage industry as spectators on an expressway might a fender bender or a flat tire. Although onlookers usually don’t know what they’re slowing down to see, it’s more often than not a harmless event, rather than a major catastrophe. Nonetheless, the viewing continues, and so do the endless commutes.

Post date: Wednesday, August 01, 2007

Confidentiality matters in regards to hedge funds. As increasing numbers of funds compete for investment opportunities, it becomes even more critical for fund managers to keep their holdings and investment strategies close to the vest.

Post date: Friday, December 01, 2006

Corporate failures (at the risk of stating the obvious) usually result in the realization by creditors of the failed enterprise in less – often far less – than the par value of their claims. Unsurprisingly, this often leads to aggressive efforts to ascribe responsibility for the failure of the enterprise and to seek recovery from those deemed blameworthy (and deep-pocketed).

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Mr. John T. Farnum, Esq.
Co-Chair
Miles & Stockbridge PC
Washington, MD
(202) 737-9600

Mr. Eric L. Johnson
Co-Chair
Spencer Fane LLP
Kansas City, MO
(816) 292-8267

Mr. Ian Rubenstrunk
Communications Manager
Winthrop & Weinstine, P.A.
Minneapolis, MN
(612) 604-6763

Ms. Michelle M. Masoner
Education Director
Bryan Cave Leighton Paisner LLP
Kansas City, MO


Ms. Alyson M. Fiedler, Esq.
Newsletter Editor
Ice Miller LLC
New York, NY
(212) 835-6315

Mr. James K. Donaldson
Special Projects Leader
Vandeventer Black LLP
Richmond, VA
(804) 237-8800

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