Junior Noteholders Successfully Petition for Dismissal of Involuntary Filing

The bankruptcy court's ruling is a seminal decision that meaningfully circumscribes the ability of a secured noteholder under an indenture, particularly for structured debt, to force the debtor (i.e., issuer of the debt) into an involuntary bankruptcy.

9 minute read February 01, 2019 at 12:03 AM
By
H. Peter Haveles, Jr. and Eric Winston
Junior Noteholders Successfully Petition for Dismissal of Involuntary Filing

In June 2017, affiliated holders of the most senior class of notes in a CDO known as Taberna Preferred Funding IV, a CDO that held various issues of trust preferred securities known as TruPS, filed an involuntary petition under the Chapter 11 of the Bankruptcy Code.

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