In In re Heritage Highgate, Inc., No. 11-1889 (3d Cir. March 20, 2012), the Third Circuit Court of Appeals recently determined how bankruptcy courts should value collateral retained by a chapter 11 debtor in order to establish the amount of the creditor’s secured claim pursuant to section 506(a) of the Bankruptcy Code. In doing so, the […]
Read MoreAppearing at Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.). Via Volo 5th Circuit: Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.) Citation: Brazos Emergency Physicians Association, P.A., et al. v. Patrick G. Woods, M.D., et al. (In re Brazos Emergency Physicians Association, P.A.), Case No. 11-50927 […]
Read MoreCitation: Halo Wireless, Inc. v. Alenco Communications Inc. (In re Halo Wireless, Inc.), Case No. 12-40122 (5th Cir. June 18, 2012) Facts: Halo Wireless, Inc. was a small telecommunications company that provides wireless phone and data service to its customers pursuant to a license from the Federal Communications Commission (“FCC”). Starting in May 2011, private telephone […]
Read MoreThe Eleventh Circuit recently avoided, as fraudulent transfers, certain liens pledged by subsidiaries to secure a $500 million loan made to their parent, Tousa, Inc. See Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re Tousa, Inc.), No. 11-11071, 2012 WL 1673910 (11th Cir. May 15, 2012). These liens were avoided as upstream transfers that, pursuant […]
Read MoreOn May 29, 2012, the U.S. Supreme Court decided the well-monitored appeal in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank, where a chapter 11 debtor appealed the ruling of Seventh Circuit Court of Appeals that a debtor may not confirm a cramdown plan, proposing to sell encumbered assets free and clear of liens, without permitting the […]
Read MoreIn Patricia Wright, et al. v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012), the Third Circuit Court of Appeals undertook the challenge of administering unknown future claims in bankruptcy. Future claims are generally known as claims that only become apparent until after a chapter 11 plan is confirmed and the debtor is discharged […]
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