Tag Archives: Bankruptcy Code

Sixth Circuit Adopts Minority Interpretation of Mootness

BY: Kevin Meek | April 18, 2017

“The Meaning of Moot is a Moot Point” – Paul Evans, the Guardian The United States Court of Appeals for the Sixth Circuit recently held that parties arguing mootness under section 363(m) of the Bankruptcy Code must establish that the appellate court is unable to grant effective relief without impacting the validity of the sale.  … Continue reading

Elkhorn Crossing, LLC: An Equity Cushion is Not Enough

BY: Kevin Meek | November 30, 2016

“Don’t Bet The Farm On It” When is a million dollar equity cushion not enough? Despite a purported cushion of at least $1.2 million, the Bankruptcy Court for the District of Nebraska recently held that a proposed Chapter 12 plan’s repayment terms were unreasonable because: (i) the plan did not provide any periodic adjustment to … Continue reading

Balancing the Equities: Default Interest Rate Adjusted as Bankruptcy Court Weighs in on Critical Issue

BY: Kevin Meek | October 5, 2016

“You’re in big trouble if you’re borrowing more than you can afford to pay back” – Simon Cowell Can a bankruptcy court apply its equitable powers to adjust the default rate for post-petition interest owed to over-secured creditors? The Bankruptcy Court for the District of Puerto Rico recently held that the Bankruptcy Code allows for … Continue reading

Cash is King: Full Satisfaction of a Claim Precludes Contested Confirmation and Further Litigation by Creditors

BY: Kevin Meek | September 8, 2016

“It’s all about the Benjamins” – Sean “Puff Daddy” Combs Can a creditor continue to pursue litigation against a debtor and contest confirmation of a Chapter 11 plan after the debtor satisfies the creditor’s asserted claim in full?  A recent bankruptcy court decision held that a creditor cannot refuse to accept full payment of its … Continue reading