What You Need to Know About the Proposed New Liquidation Regime under Dodd-Frank
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In a Case of First Impression, the Third Circuit Holds that Discounted Cash Flow Analysis May be Used as a 'Commercially Reasonable Determinant of Value' with Respect to Repurchase Agreement Acceleration Under Section 562
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Claims Trader Loses Out on Cure Payments Where Debtor's Approved Plan Permits Post-Confirmation Rejection of Executory Contracts
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Trademark License Agreement Defines Materiality, Effectively Establishing a Perpetual Executory Agreement Subject to Perpetual Rejection
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Security Interest in FCC License and Proceeds Thereof is 'After-Acquired' Property Where No Sale Agreement Executed Pre-Petition, Wiping Out Lender's Lien
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FAA Registration Law Does Not Preempt State UCC Where Partially Completed Airplanes Fail To Satisfy FAA Definition of "Aircraft"
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Collateral-Order Doctrine Utilized in a Case of First Impression; Court Affirms Broad Equitable Powers of a Receiver
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Court Holds that 'All Value' Must be Considered in Determining 'Reasonably Equivalent Value' in Fraudulent Transfer Case
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Debtor Unable to Provide Adequate Assurance; Court Denies Motions to Use Cash Collateral and Obtain DIP Financing Priming Original Lien
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Priming Lien Approved: New Loan Use Would Benefit the Estate + Debtor's Sizable Equity Cushion = Adequate Assurance
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Court Vacates the Foreclosure Sale and Awards Damages, Finding that the Lender Violated the Automatic Stay by Proceeding with the Sale Where Debtor Guaranteed the Loan, but Had No Ownership Interest
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Court Grants Parent Companies Standing To Sue Lender as Third-Party Beneficiaries of Loan Commitment Agreements
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Landlord's Corner
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The New Fast-Track Restructuring Procedure in French Insolvency Law: The 'Accelerated Financial Safeguard Procedure'
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Counsel's Corner: News From Reed Smith
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