Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Now, what I want is, facts ' Facts alone are wanted in life.' Charles Dickens, Hard Times (1854)
A Delaware bankruptcy court held on Nov. 16 that a secured lender with a $128 million claim could credit bid at a judicial sale of a Chapter 11 debtor's assets, after dismissing the expansive complaint filed against the lender by the creditors' committee in the debtor's case (claims for recharacterization of debt as equity; equitable subordination; breach of fiduciary duty; invalid loans; voidable liens; and preference liability). Creditors' Committee of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC, et al. (In re Radnor Holdings Corp.), 2006 WL 3346191 (Bankr. D. Del. 11/16/06). In his no-nonsense opinion, which relied heavily on the Third Circuit's Jan. 6, 2006, decision in Cohen v. KB Mezzanine Fund II, L.P. (In re SubMicron Systems Corp.), 432 F.3d 448 (3d Cir. 2006) (held, creditor's debt recharacterization and equitable subordination claims against lender failed because documents were debt instruments and because creditors had not been injured), bankruptcy judge Peter J. Walsh provided a road map that should sharply curtail the baseless, extortionate demands too often made by some creditors in large reorganization cases.
Significant here was the lack of evidence to support any of the committee's claims. As shown below, there were no startling legal conclusions in the court's ruling.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?