A (Brief) Examination of Examiners in Chapter 11
Marathon Asset Management recently requested the appointment of an examiner in the American Airlines bankruptcy case. Ostensibly, the hedge fund creditor was requesting an investigation of $2.26 billion in debt that AMR Corp., the parent corporation of American Airlines, assumed from its regional airline subsidiary American Eagle prior to the bankruptcy filings. Nonetheless, there was [...]
Credit Bidding Has Its Day in Court
In a “cramdown” reorganization involving the sale of the debtor’s assets, does a secured creditor have an absolute right to use its outstanding claim against a debtor to purchase its own collateral? The Supreme Court will answer this question in April. The contested use of credit bidding under 1129(b) of the Bankruptcy Code turns on [...]
POSTED IN Bankruptcy
Holding the Key Doesn’t Lock in Success – Your Job or Your Principal
Investors lent MF Global Holdings Ltd. $650 million over three months ago in a wager Jon Corzine, recently appointed CEO, would make the futures brokerage house into Goldman Sachs Jr. MF Global filed for bankruptcy before making its first interest payment on the debt. The futures broker sold $325 million worth of five-year, 6.75 percent [...]
POSTED IN Bankruptcy, Corporate Governance

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