Bankruptcy Law News and Insights

Bankruptcy Court Finds Arbitration Clause In Consumer Loan Contract To Be Sufficient Cause To Grant Relief From Automatic Stay

Published: Oct 19, 2018
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When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor's property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its property in the debtor's bankruptcy case. When contract entered into pre-bankruptcy contains an arbitration clause, a...

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Fifth Circuit Adopts Flexible Approach To Collateral Valuation In Cramdown Chapter 11 Cases

Published: Oct 12, 2018
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In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of Appeals for the Fifth Circuit held that bankruptcy courts have flexibility in selecting the date on which to value collateral, "so long as the bankruptcy court takes into account the purpose of...

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Milbank Achieves Dismissal Of Appeal Seeking To Undo Confirmation Of Its Client’s $1.2B Chapter 11 Bankruptcy Plan

Published: Aug 31, 2018
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Milbank, Tweed, Hadley & McCloy LLP recently secured a dismissal of an appeal seeking to undo the confirmed $1.2 billion chapter 11 bankruptcy plans that its client JD Holdings, L.L.C. put forward for over 70 debtors affiliated with John Q. Hammons Hotels and Resorts. The appeal was dismissed on the...

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