Stephanie Holding

Article courtesy of Ariel Emmanuel (King & Spalding)   In re Total Auto Financing LLC, 185 F.4th 123 (2026)   A lien holder and loan servicer that work with a limited liability company does not owe fiduciary duties to owners to properly manage such limited liability company’s loan portfolio. The plaintiffs Elshan Bayramov and Babak […]

Article courtesy of Ariel Emmanuel (King & Spalding) In re Aegis Asset Management, LLC, 182 F.4th 1364 (2026) A claimant cannot enforce notes absent a showing that it owns or holds such notes at the time it filed proofs of claim. Aegis Asset Management, LLC (the “Debtor”) filed for Chapter 11 bankruptcy in 2019. The […]

Article courtesy of Paige Forcier (Morgan Lewis)   Noonan v. CBW Lending, LLC, 107 Mass. App. Ct. 1104, 282 N.E.3d 1164 (2026) In 2005, Wonderland Greyhound Park Realty, LLC (the “Borrower”) entered into two mortgage financings secured by property in Revere, Massachusetts. The first financing consisted of an $8.82 million loan secured by a first […]

Article courtesy of Paige Forcier (Morgan Lewis)   LPP Mortg. Ltd. v. Underwood Towers Ltd. P’ship, 355 Conn. 316 (2026) In 1985, Underwood Towers Limited Partnership (the “Borrower”) leased land from the City of Hartford to construct two high-rise apartment buildings and obtained a $35 million mortgage loan to finance the project. Following defaults under […]

Compiled by Amy Beaudoin (Manulife) Membership Committee The Membership Committee is primarily responsible for reviewing applications for ACIC membership and recommending applicants who meet the College’s membership criteria to the Board of Trustees for approval. The committee considers the totality of a candidate’s responses in their application, with particular emphasis on (i) the portion of […]

Courtesy of Paty Ramirez (Rimon) Washington, D.C. is a city that rewards curiosity, where you’ll find world-class museums, vibrant neighborhoods, historic landmarks, and some of the country’s best dining, all within a walkable and surprisingly approachable downtown. Consider this your guide to stepping outside the tent and exploring the people, places, and experiences that make […]

Article courtesy of Chiraag Kumar (MetLife) Meet the newest members of the American College of Investment Counsel! Mary Liz Brady is a partner at King & Spalding LLP representing financial institutions, private credit funds, alternative lenders, private equity sponsors and private and public companies in leveraged finance transactions, including in connection with acquisitions, refinancings, loan […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) NNN Cap. Fund I, LLC v. Mikles, No. G064487, 2026 WL 1029889 (Cal. Ct. App. Mar. 20, 2026), reh’g denied (Apr. 16, 2026) In a majority decision, the California Court of Appeal (the “Court of Appeal”) vacated a trial court judgment affirming an arbitration award […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) In re Mount Acadia Senior Props. LLC, No. BR 25-05308-JBM11, 2026 WL 319159, (Bankr. S.D. Cal. Feb. 5, 2026) The United States Bankruptcy Court for the Southern District of California (the “Bankruptcy Court”) granted a creditor’s motion to dismiss a debtor’s chapter 11 case after […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) In re McHugh, No. BAP CO-24-20, 2025 WL 2779101 (10th Cir. BAP (Colo.) Sept. 30, 2025) In a non-precedential opinion, the Bankruptcy Appellate Panel for the United States Court of Appeal for the Tenth Circuit (the “BAP”) affirmed the decision of the United States Bankruptcy […]

Update courtesy of Stephen McNamara (Bracewell) In re The Container Store Group, Inc. (S.D. Texas – February 12, 2026) This case arises out of The Container Store Group, Inc.’s (“Container Store”) Chapter 11 bankruptcy filing and the third-party release provisions included in the prepackaged plan. The U.S. District Court for the Southern District of Texas […]

Update courtesy of Stephen McNamara (Bracewell) Wesco Aircraft Holdings, Inc. v. SSD Investments Ltd. (S.D. Texas – December 8, 2025) This case arises out of minority noteholders’ opposition to a multi-step liability management exercise (the “LME”) carried out by Wesco Aircraft Holdings, Inc. (“Wesco”). The U.S. District Court for the Southern District of Texas found […]

Article courtesy of Amy Hong, Shannon Geoghegan and Natalia Bafia (Greenberg Traurig) Introduction: The 2026 ACIC Spring Investment Forum brought together leading counsel and industry professionals for two days of timely, practical discussion under the theme “Because Investing Is Always in Season.” Framed with a sports‑inspired playbook, the Forum examined how legal, market, and ethical […]

Update courtesy of Rita Liu (ArentFox Schiff) Leadenhall Capital Partners LLP v. Advantage Capital Holdings LLC, 171 F.4th 155 (2d Cir. 2026) In May 2021, Leadenhall Capital Partners LLP and Leadenhall Life Insurance Linked Investments Fund PLC (together, “Leadenhall”), entered into a Loan and Security Agreement (“LSA”) with four special purpose investment entities (collectively, the […]

Update courtesy of Rita Liu (ArentFox Schiff) CPPIB Credit Investments II Inc. v. Deutsche Bank Trust Co. Americas, 2026 N.Y. Misc. LEXIS 2490 (Sup. Ct., N.Y. County Mar. 17, 2026) In April 2021, Lions Gate Entertainment Corp. (“Legacy Lions Gate”), issued approximately $1 billion of its 5.500% Senior Notes due April 2029 under an Indenture […]

  Courtesy of the Forum’s co-chairs, Dorothy Foster (Rimon) and Sarah Valenziano (PGIM) Get ready to suit up for ACIC Game Day, where this year’s conference unites top talent from across the country and around the globe, and challenges every participant to bring their A-game as we showcase the strategy, mastery, precision, and competitive edge […]

Article courtesy of Michael Robson (Greenberg Traurig) Estate of James D. Branch v. Kevin Rudolph, No. 368071, 2025 WL 868739 (Mich. Ct. App. 2025) Valerie Branch, as the personal representative of the Estate of James D. Branch (the “Estate”), filed a lawsuit against Kevin Rudolph, Safe Transportation, LLC (“STL”), and Safe Transportation 4, LLC (“ST4L”). […]

Article courtesy of Michael Robson (Greenberg Traurig)   Salfinger v. Fairfax Media Limited, 367 Wis.2d 311 (Wis. Ct. App. 2016) In October 2010, the Sydney Morning Herald, published by the Fairfax parties, ran an article discussing the family behind the Yellow Tail wine brand. The article referenced Roderick Salfinger (“Salfinger”) and included a statement that […]

Article courtesy of Michael Robson (Greenberg Traurig) Price v. High Pointe Oil Co., Inc., 493 Mich. 238 (Mich. 2013) Price Beckie Price (“Price”) owned a residence in DeWitt, Michigan that was originally heated by an oil furnace. In 2006, Price replaced the oil furnace with a propane furnace and discontinued oil service, although the oil fill […]

LIABILITY MANAGEMENT IN EUROPE What to Watch in 2026 Article courtesy of Barry Russell, Tom Bannister, Chris Parrott, Dan Fisher, Charlie Hely, Jaisohn Im, Hermione Allen, Justine Erickson and David Califano (Akin) What Is “Liability Management”: A Refresher Liability Management is a term that has been in use for years and traditionally referred to routine […]

  Compiled by Danielle Maksimow, Norton Rose Fulbright Canada LLP Membership Committee The Membership Committee is primarily responsible for reviewing applications for ACIC membership and recommending applicants who meet the College’s membership criteria to the Board of Trustees for approval. The committee considers the totality of a candidate’s responses in their application, with particular emphasis […]

Contributed by Andy Christianson (Reinhart Boerner Van Deuren s.c.) During the ACIC’s 2025 annual meeting, the following individuals were elected to serve the positions set forth below.  Please join the ACIC in congratulating and welcoming its newest officers and trustees. President: Bryan S. Cho (MetLife) Bryan Cho is Vice President & Associate General Counsel at […]

  Hello everyone!  The holiday season already feels like a distant memory, and I hope 2026 has gotten off to a great start!  It is a privilege to be involved with the ACIC and the valuable relationships and content that it provides for our members. Before looking ahead to this year and beyond, I want […]

Article courtesy of Paige Forcier, Ann Bennett and Kevin Braun (Morgan Lewis) Bankwell Properties II, Inc. v. Phoenix Press, Inc., Not Reported in Atl. Rptr. (2025) On September 19, 2014, Bankwell Bank (the “Bank”) entered into a commercial loan agreement with Phoenix Press, Inc., Bridgeview Realty Associates, LLC, and Parkview Realty Associates, LLC (together, the […]

Article courtesy of Paige Forcier, Ann Bennett and Kevin Braun (Morgan Lewis) Grassia v. Dean Bank, 105 Mass. App. Ct. 1134 (2025) On May 22, 2018, Dean Bank (the “Bank”) issued a commitment letter regarding the terms of a $200,000 mortgage loan note (the “Note”), which the Bank later issued to Janis Spencer, trustee of […]

Article courtesy of Ariel Emmanuel (King & Spalding) Uzzell v. Velocity Investments, LLC, 2025 WL 1242815 (D. Ct. App. Fl. Apr. 2025) Velocity Investment, LLC, a debt collection company, brought a small claims action against James Uzzell, a purported borrower, alleging that the borrower breached a loan agreement entered into with the company’s predecessor, and […]

Article courtesy of Ariel Emmanuel (King & Spalding) Caterpillar Financial Services Corporation v. Venequip Machinery Sales Corporation, No. 23-14237, 2025 WL 2253935 (11th Cir. Aug. 2025) Caterpillar Financial Services Corporation (“Lender”) and Venequip Machinery Sales Corporation Miami (“Borrower”) were parties to an inventory loan agreement governed by Tennessee law. Lender brought a breach of contract […]

Article courtesy of Ariel Emmanuel (King & Spalding) United States v. Miller, No. 23-824, 2025 (U.S. S. Ct. March 2025) This decision stems from a bankruptcy case in which the shareholders of a failed Utah-based business misappropriated and transferred to the IRS $145,000 in company funds to satisfy their personal federal tax liabilities. The bankruptcy […]

Compiled by Tyler Margolis, ArentFox Schiff LLP Membership Committee The Membership Committee is primarily responsible for reviewing applications for ACIC membership and recommending applicants who meet the College’s membership criteria to the Board of Trustees for approval. The committee considers the totality of a candidate’s responses in their application, with particular emphasis on (i) the […]

Article courtesy of David Simonds, Edward McNeilly and Nathan Aspinall (Hogan Lovells)   Travelers Cas. & Sur. Co. of Am. v. Decker, 756 F. Supp. 3d 1097 (W.D. Wash. 2024) , reconsideration stricken, No. 2:24-CV-00253-TL, 2024 WL 5040433 (W.D. Wash. Dec. 9, 2024), and on reconsideration in part, No. 2:24-CV-00253-TL, 2025 WL 71880 (W.D. Wash. […]

Article courtesy of David Simonds, Edward McNeilly and Nathan Aspinall (Hogan Lovells)   In re Murie Graphic Design Inc., 667 B.R. 54 (Bankr. D. Idaho 2025) The United States Bankruptcy Court for the District of Idaho (the “Bankruptcy Court”) held that a corporate debtor’s chapter 7 bankruptcy petition was properly authorized by its president and […]

Article courtesy of David Simonds, Edward McNeilly and Nathan Aspinall (Hogan Lovells)   Marshack v. JGW Solutions LLC (In re Litigation Practice Group PC), 23-01148 (Bankr. C.D. Cal. March 27, 2025) The United States Bankruptcy Court for the Central District of California (the “Bankruptcy Court”) recently held that a chapter 11 trustee could recover fraudulent […]

Article courtesy of Amanda Singh (Eversheds Sutherland) In re Urban Commons 2 West LLC, et al., Case No. 22-11509 (PB) (Bankr. S.D.N.Y. Mar. 4, 2025) The Hotel That Couldn’t Reopen: Bankruptcy, Bids, and the Battle Over Section 363(f) In November of 2022, five affiliated LLCs, which collectively owned long-term leasehold interests in a Battery Park […]

Article courtesy of Amanda Singh (Eversheds Sutherland) 20230930-DK-Butterfly-1 Inc. v. Cohen, No. 1:24-cv-05874 (S.D.N.Y. filed July 1, 2024) The Beyond for Bed, Bath and Beyond In August 2024, 20230930-DK-Butterfly-1 Inc. (the “Plaintiff”), formerly known as Bed Bath & Beyond Inc., (the “Company”) filed a lawsuit in the U.S. District Court for the Southern District of […]

Article courtesy of Amanda Singh (Eversheds Sutherland) In re Ho Wan Kwok, No. 22-50073 (Bankr. D. Conn. Feb. 15, 2022) Chapter 11 Trustee Can Spend $1,600,000 to Maintain a Mansion Ho Wan Kwok, also known as Guo Wengui, filed a voluntary Chapter 11 petition on February 15, 2022, in the District of Connecticut. He is […]

Article Courtesy of Amy Hong (Greenberg Traurig)   Recap of the 2025 Spring Investment Forum This year’s ACIC Spring Investment Forum was held on April 3rd and 4th at the Four Seasons Hotel in Chicago, IL and co-chaired by Nicolette Lopez (Voya Investment Management) and Peter Butler (ArentFox Schiff LLP). The two-day forum, themed “The […]

Article courtesy of Chiraag Kumar (Met Life) The ACIC is thrilled to have welcomed the following new members as of April 2, 2025: Rebecca Amissah (Aflac) Alyssa Gebert (Manulife) Chuqing Huang (Nationwide) James Mead (Morgan Lewis) Keton Motta Freeman (Sun Life) Richard Paladino (Nuveen) Myja Raghuvanshi (Northwestern Mutual) Wiley Adams, Emeritus To learn more about […]

Article courtesy of Tom Bannister, Matthew Finnie, Barry Russell and Emma Simmonds (Akin) New Money Marking the Boundaries September 2024   The majority of all 2023 EMEA restructurings involving an equitisation and/or a maturity extension required the provision of new money.[1] While equitisation can solve for an over-leveraged capital structure, and maturity extensions can provide […]

On behalf of the Board of Trustees and the Education Committee, we invite you to join us April 3rd and 4th at the ACIC’s 2025 Spring Investment Forum at the Four Seasons Hotel in Chicago.  “The Super Conference” will showcase the superpowers of our distinguished speakers who, like Professor X, will arm you with all […]

By Melody Cross (Prudential)   Greetings to you all, and I hope that your 2025 has gotten off to a productive start. In these uncertain times, I am grateful to be part of this organization and this community of individuals who are so passionate about our work and the mission of the College. As I […]

Article courtesy of Michael D. Robson (Greenberg Traurig) U.S. Bank National Association as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust v. Spencer, 214 N.E.3d 1017 (Ind. Ct. App.). In a dispute between U.S. Bank National Association (“US Bank”) and Mary Sue Spencer and Philip L. Spencer (the “Spencers”) on appeal from the Circuit […]

Article courtesy of Michael D. Robson (Greenberg Traurig) United States of America v. Dunn, West Plans Transport, Inc., Stockgrowers State Bank, BMO Harris Bank N.A., First National Bank of Liberal, Meade County Treasurer and Kansas Department of Revenue, 2023 WL 8599389 (D. Kan. 2023). In a dispute between the U.S. federal government (“Government”) and, among […]

Contributed by Keith Atkinson (Nuveen)     6:00 AM (EDT) Awaken; take the dog for a walk. I *try* to adhere to the guidance that you should get 20 or more minutes a day of exercise.  I get 24 minutes today, which equates to 1.4 miles. As I try to always remember, today I walked […]

  Ed. Note: Prior articles regarding the English restructuring plan can be found here and here. Adler Restructuring Plan Set Aside Reflections on the English Court of Appeal’s Landmark Ruling By: Tom Bannister, Lauren Pflueger, Barry Russell (Akin) In one of the most highly anticipated judgments in the European restructuring market in recent years, on […]

Article courtesy of Dorothy Lila Foster (Akin Gump) Kirschner v. JP Morgan Chase Bank, N.A., 79 F.4th 290 (2d Cir. 2023) Overview: The U.S. Court of Appeals for the Second Circuit examined whether the District Court for the Southern District of New York had subject matter jurisdiction over an action arising from a syndicated loan […]

Article courtesy of Dorothy Lila Foster (Akin Gump) In re Golden Seahorse LLC, 652 B.R. 593 (Bankr. S.D.N.Y. 2023) Overview: Secured lenders of Golden Seahorse LLC asked the Southern District of New York Bankruptcy Court to consider whether a debtor must pay default-rate interest and fees to reinstate a defaulted loan under a chapter 11 […]

Article courtesy of Tom Bannister, Barry Russell and Lauren Pflueger (Akin Gump LLP) The Evolving English Restructuring Plan: Reflections on 2023 and Predictions for 2024 In the summer of 2020, the Corporate Insolvency and Governance Act 2020 introduced some of the most significant changes to the UK’s corporate insolvency and restructuring regime in nearly 20 […]

Article courtesy of Danielle Maksimow (Norton Rose Fulbright) Canada Revenue Agency May Set-Off Post-Bankruptcy Credits against Pre-Filing Debt (Kidd (Re), 2023 ABKB 469) In November 2011, Darren Kidd assigned himself into bankruptcy. The proved unsecured claims were approximately $300,000. Of that, $52,720.35 was outstanding tax debt (the Tax Debt) stemming from income taxes, penalties and […]

Article courtesy of Danielle Maksimow (Norton Rose Fulbright) Contract Acceptance by way of Emoji “👍” In South West Terminal Ltd. v Achter Land & Cattle Ltd., 2023 SKKB 116 South West Terminal Ltd. (“SWT”) brought a claim in the Saskatchewan Court of Kings Bench against Achter Land & Cattle Ltd. (“Achter Ltd.”) for breach of […]

Article courtesy of Michael Robson (Greenberg Traurig) CREDITBOX.COM, LLC v. Weathers, 408 Wis.2d 725 (Wis. Ct. App. June 22, 2023) In a dispute between CreditBox, LLC (“CreditBox”), a short term consumer lender, and the debtor Antjuan Weathers (“Weathers”), the Court of Appeals of Wisconsin held that (1) accelerating debt and commencing proceedings against the debtor […]

Article courtesy of Michael Robson (Greenberg Traurig) First National Bank v. Inghram, 969 N.W.2d 471 (S.D. January 12, 2022) In a dispute between First National Bank (“FNB”) and Sharmin and Justin Inghram (collectively, the “Inghrams”) on appeal from the Fourth Judicial Circuit Court of Meade County, the Supreme Court of South Dakota held that the […]

Article courtesy of Michael Robson (Greenberg Traurig) Cassidy v. Signature Bank, 2021 IL App (1st) 191781-U In a dispute between James Cassidy (“Cassidy”) and Signature Bank (“Signature”) on appeal from the circuit court of Cook County, the Appellate Court of Illinois affirmed the circuit court’s ruling and found Signature in breach of contract when the […]

Article courtesy of Michael Robson (Greenberg Traurig) The Alliance Group, Inc. v. NGC Group, Inc., 970 N.W.2d 505 (Neb. Ct. App. 2021)   In a dispute between The Alliance Group, Inc. (“Alliance”) and NGC Group, Inc. (“NGC”) and its owner, Justin Hernandez on appeal from the Douglas County District Court, the Nebraska Court of Appeals […]

A message from the co-chairs of the 2024 Spring Investment Forum, Sumbul Ali (Sun Life Capital Management) and Jeff Dutson (King & Spalding): On behalf of the Board of Trustees and the Education Committee, we invite you to join us for the ACIC’s 2024 Spring Investment Forum, to be held April 11-12, 2024 at the […]

Article Courtesy of Clint Culpepper (Baker Botts) Schmidt v. Nordlicht (In re Black Elk Energy Offshore Operations, LLC), 649 B.R. 249 (Bankr. S.D. Tex. 2023)   In In re Black Elk Energy Offshore Operations, LLC, a partnership created and operated an investment fund to finance a natural gas company (the debtor) owned and operated by […]

Advice and Insights from Jack Wallace, ACIC Emeritus Member Interview courtesy of Danielle Maksimow (Norton Rose Fulbright) John T. (“Jack”) Wallace has led a storied career as in house investments counsel. He was the Managing Director and Senior Counsel of John Hancock Financial Services, Inc., as well as the former Practice Group Leader, Fixed Income […]

Article courtesy of David Simonds and Edward McNeilly (Hogan Lovells)   In re A&D Property Consultants LLC v. A&S Lending LLC (In re Groves), 22-1130 (B.A.P. 9th Cir. Jun. 28, 2023)   In In re Groves, the United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”), affirming the bankruptcy court below, held that […]

Article courtesy of David Simonds and Edward McNeilly (Hogan Lovells)   In re Lafferty v. Off-Spec Solutions, LLC (In re Off-Spec Solutions, LLC), 23-1020 (B.A.P. 9th Cir. Jul. 6, 2023)   In In re Off-Spec Solutions, LLC, the United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”), affirming the bankruptcy court’s decision, held […]

Article Courtesy of David Simonds and Edward McNeilly (Hogan Lovells)   In re MacMillan, 23-30159 (Bankr. D. Ore. Jun. 29, 2023)   In In re MacMillan, the United States Bankruptcy Court for the District of Oregon (the “Bankruptcy Court”) held that, in accordance with binding Ninth Circuit precedent, debtors may not make so-called “critical vendor” […]

Recap of the 2023 Spring Investment Forum Authored by: Andy Christianson (Reinhart Boerner Van Deuren) Read more here: Recap of the 2023 Spring Investment Forum

Article courtesy of Tom Bannister, Emma Butler, Lauren Pflueger, Barry Russell and Emma Simmonds (Akin)   Introduction Over recent years, a prolonged period of low interest rates, together with a competitive financing market, has resulted in greater leverage and control for private companies (and their sponsors) when it comes to negotiating terms with current and […]

Article courtesy of David Simonds and Edward McNeilly (Hogan Lovells)   In re TBH19, LLC, 2022 WL 16782946 (B.A.P. 9th Cir. Nov. 8, 2022)   In In re TBH19, the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) decided whether a claim should have been disallowed under section 502(e)(1)(B) of the Bankruptcy Code as a contingent claim […]

Article courtesy of David Simonds and Edward McNeilly (Hogan Lovells)     In re Priddis, 2023 WL 2203562 (9th Cir. Feb. 24, 2023)   In February 2023, the Ninth Circuit Court of Appeals weighed in on the numerosity requirement for involuntary bankruptcy petitions. Overruling the lower courts, the Ninth Circuit held that an involuntary petition […]

Article Courtesy of David Simonds and Edward McNeilly (Hogan Lovells)   In re Mariner Health Cent., Inc, 2023 WL 187175 (Bankr. N.D. Cal. Jan. 12, 2023)   In In re Mariner Health Central, the United States Bankruptcy Court for the Northern District of California (the “Bankruptcy Court”) denied the debtors’ motion to extend the automatic […]

Article courtesy of Clint Culpepper of Baker Botts Wilson v. Cap. Partners Fin. Grp. USA, Inc., No. 05-20-00704-CV, 2022 WL 2437595, 2022 Tex. App. LEXIS 4600 (Tex. App.—Dallas July 5, 2022) (unpublished opinion)   In Wilson v. Cap. Partners Fin. Grp. USA, Inc., No. 05-20-00704-CV, 2022 WL 2437595, 2022 Tex. App. LEXIS 4600 (Tex. App.—Dallas […]

Authored by Tom Bannister, Lauren Pflueger, Barry Russell and Emma Simmonds (Akin Gump Strauss Hauer & Feld LLP)   When the Corporate Insolvency and Governance Act 2020 (CIGA) introduced the restructuring plan in England [1], comparisons with plans of reorganization under chapter 11 of the United States Bankruptcy Code (U.S. Bankruptcy Code) were inevitable. A […]

Article Coursey of Amy Maloney, Authored by Casey S. August (Morgan Lewis)   Signed into law on August 16, 2022, the Inflation Reduction Act of 2022 includes a wide range of legislation addressing climate change, healthcare, prescription drug pricing, and tax matters.  Among its most significant features, the act includes approximately $370 billion in energy […]

All Settlements Final: District of Montana Bankruptcy Court Refuses to Set Aside Releases Alleged to Have Been Obtained by Fraud   In re Shoot the Moon, LLC, 635 B.R. 568 (Bankr. D. Mont. 2022)   Article Courtesy of David Simonds of Hogan Lovells   Summary In In re Shoot the Moon, LLC, the United States […]

Ninth Circuit Holds that Unimpaired Creditors of Solvent Debtor Are Entitled to Postpetition Interest   In re PG&E Corp., No. 21-16043, 2022 WL 3712478 (9th Cir. Aug. 29, 2022) Article Courtesy of David Simonds of Hogan Lovells   Summary In In re PG&E Corp., a panel of the United States Court of Appeals for the […]

A Hotel That Is Not Operational and Non-Revenue Producing Is a Single Asset Real Estate Debtor   In re Source Hotel, LLC, No. 8:21-BK-10525-ES, 2022 WL 2072673 (C.D. Cal. June 8, 2022) Article Courtesy of David Simonds of Hogan Lovells   Summary In In re Source Hotel, LLC, the United States District Court for the […]

Article Courtesy of Michael Robson (Greenberg Traurig)   Peterson v. Colony American Finance Lender LLC, et al. (In re Mack Industries Ltd., et al.), 71 BCD 42, 2021 WL 6015700 (Bankr. N.D. Ill. 2021)   U.S. Bankruptcy Judge Carol A. Doyle of the Northern District of Illinois (the “Court”) partially granted a motion to dismiss […]

Article Courtesy of Michael Robson (Greenberg Traurig)   Upper Explorerland Regional Planning Commission v. Vanhorn (In re Vanhorn), 69 BCD 240, 2021 WL 741999 (Bankr. N.D. Iowa 2021)   Overview Chief U.S. Bankruptcy Judge Thad J. Collins of the Northern District of Iowa (the “Court”) ruled that a business lender’s purchase-money security interest (“PMSI”) does […]

Article Courtesy of Michael Robson (Greenberg Traurig)   Lowry v. Southfield Neighborhood Revitalization Initiative, et al. (In re Lowry), 71 BCD 36, 2021 WL 6112972 (6th Cir. 2021)   Overview As the price paid by the city of Southfield, Michigan (the “City”) to acquire the debtor’s home bore no relationship to the property’s fair market […]

Article Courtesy of Michael Robson (Greenberg Traurig)   In re Nu-Cast Step & Supply Inc., 639 B.R. 440 (Bankr. E.D. Mich. 2021)   Overview The United States Bankruptcy Court for the Eastern District of Michigan (the “Bankruptcy Court”) ruled that a company that bought a liquidated concrete business’s assets may not reopen the debtor’s 4-year-old […]

Article Courtesy of Margaret G. Parker-Yavuz (Akin Gump Strauss Hauer & Feld LLP); Secondary Contributor Troy DeLeon (Akin Gump Strauss Hauer & Feld LLP)   Miller v. Fallas (In re J & M Sales Inc.), Nos. 18-11801 (JTD), 20-50775 (JTD), 2022 Bankr. LEXIS 434 (Bankr. D. Del. Feb. 22, 2022)   Overview: Bankruptcy trustee in […]

Article Courtesy of Margaret G. Parker-Yavuz (Akin Gump Strauss Hauer & Feld LLP); Secondary Contributor Troy DeLeon (Akin Gump Strauss Hauer & Feld LLP)   In re Ocean View Motel, No. 20-21165-ABA, 2022 Bankr. LEXIS 190 (Bankr. D.N.J. Jan. 25, 2022)   Overview: Secured creditor objected to the cramdown of his claim in the confirmation […]

Article Courtesy of Margaret G. Parker-Yavuz (Akin Gump Strauss Hauer & Feld LLP); Secondary Contributor Troy DeLeon (Akin Gump Strauss Hauer & Feld LLP) Tilton v. MBIA Inc. (In re Zohar III, Corp.), 639 B. R. 73 (Bankr. D. Del. March 25, 2022) Overview: Plaintiff creditors filed a complaint with the U.S. Bankruptcy Court for […]

Article authored by Larry G. Halperin, Joon P. Hong, and Helena Honig, Chapman and Cutler LLP Content kindly provided by Charles C. Calloway, Jr., Chapman and Cutler LLP   In an opinion issued on June 15, 2022, the Delaware Supreme Court reversed a decision by the Chancery Court and found that a transfer by an […]