Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp., et al. (“EFH”), Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did
Continue Reading Energy Future Holdings Make-Whole Ruling Extends Rationale of Important SDNY Decisions to Delaware
Judge Robert Drain
A&P — Direct Showdown Avoided On Leasehold Liens Under DIP Financing Order
By Ben Feder on
Posted in DIP Financing
Can a debtor seeking debtor-in-possession (“DIP”) financing under Section 364 of the Bankruptcy Code grant a lender a lien on a leasehold interest in the face of an express anti-hypothecation provision in the underlying lease? There are no cases directly on
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Continue Reading A&P — Direct Showdown Avoided On Leasehold Liens Under DIP Financing Order