By nearly any measure, the Chapter 11 cases of Hawker Beechcraft and its affiliates (the “Debtors”) stand as a significant success. The cases began as a standalone reorganization predicated upon a restructuring support agreement (the “RSA”) among the Debtors’ senior lenders
Chapter 11
A Messy Break-Up But a Clean Divorce: Dewey LeBoeuf Avoids Litigation Morass of Most Law Firm Bankruptcy Cases
By Ben Feder on
Posted in Chapter 11
Large law firm failures typically produce lengthy and litigious bankruptcy cases. A frustrated lawyer in one such case succinctly described the essential problem: “the assets walk, talk and, worst of all, have their own counsel.” To the inherent tensions and creditor
Not Required, But Still Appropriate – Judge Glenn Appoints Examiner in ResCap
By Ben Feder on
Posted in Chapter 11
The chapter 11 case of mortgage lender and servicer Residential Capital, LLC (“ResCap”) is fascinating on a number of levels. Its parent company, Ally Financial, Inc. (“AFI”), hopes to use ResCap’s bankruptcy to extricate itself from potential liabilities arising from the
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NewPage – A Good Old Fashioned Free-Fall Chapter 11 Case
By Ben Feder on
Posted in Chapter 11
Last week’s Chapter 11 filing by NewPage Corporation, a company with assets and liabilities in the billions of dollars, stands as a relative rarity in the current restructuring environment. Running contrary to the “new normal” in larger restructurings,
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Los Angeles Dodgers Chapter 11 – Can They Get Kirk Gibson Admitted Pro Hac in Delaware?
By Ben Feder on
Posted in Chapter 11
“Frank McCourt” “Los Angeles Dodgers” “Major League Baseball Constitution” “Kirk Gibson”…
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Keeping Pace With Chapter 11’s “New Normal”
By Ben Feder on
Posted in Chapter 11
I am serving this year on the Editorial Advisory Board for the Journal of Corporate Renewal, published by the Turnaround Management Association and available to all TMA members. My guest editor’s column for the June issue, "Keeping Pace With Chapter
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The Dog That Didn’t Bark – Second Circuit’s Opinion in DBSD North America Disallows Gifting, But Is Silent on Cramdown of Secured Creditor
By Ben Feder on
Posted in Chapter 11
As discussed in previous posts on this site, back in December the Second Circuit Court of Appeals issued a summary order that reversed the bankruptcy court’s confirmation of the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO
Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America
By Ben Feder on
Posted in Chapter 11
The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The Second Circuit upheld
Court Tosses Life Vest to Trico Marine Services
By Ben Feder on
Posted in Chapter 11, DIP Financing
Some legal commentators have lamented the extent to which lenders have been able to use debtor in possession (“DIP”) financing arrangements to gain control over an entire Chapter 11 case. DIP lenders have usually been able to justify aggressive provisions, and
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Second Circuit Stays DBSD North America Plan
By Ben Feder on
Posted in Chapter 11
The chapter 11 case of DBSD North America, Inc. (“DBSD”), f/k/a ICO North America, has been marked by aggressive tactics and extreme positions from its commencement. DBSD, a non-operating satellite communications company, and its second lien noteholders made clear their intent
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