02/14/2013 - Dow Jones Daily Bankruptcy Review Guest Article: Chrysler’s Restructuring and the Value of Debt
Chrysler’s restructuring recently returned to the headlines with a Second Circuit Court of Appeals ruling regarding the 2007 transaction in which Cerberus Capital Management LP acquired about 80 percent of the company from Daimler AG. 

06/20/2012 - Think Real Estate, June 2012
Welcome to Think Real Estate, the real estate newsletter of Haynes and Boone, LLP, a resource for timely legal analysis of issues affecting the real estate industry.

03/28/2012 - Think Real Estate, March 2012
Welcome to Think Real Estate, the real estate newsletter of Haynes and Boone, LLP, a resource for timely legal analysis of issues affecting the real estate industry.

02/08/2012 - Law360 Guest Column: Can Secured Creditors Credit Bid In Ch. 11 Plans?
The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for its collateral up to the full amount of its claim.

02/01/2012 - Can Secured Creditors Credit Bid in Chapter 11 Plans? Supreme Court to Decide
The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for is collateral up to the full amount of its claim.

11/04/2011 - Law360 Guest Article: Case Study - In Re Tribune Co.
Law360, New York (November 04, 2011, 4:43 PM ET) -- Halloween provided frights for debtors and a victory for creditors when Judge Kevin Carey issued his opinion in the Tribune Company bankruptcy cases in Delaware.

07/05/2011 - The Supreme Court Holds Unconstitutional a Key Provision of the Bankruptcy Code
On June 23, 2011, the Supreme Court handed down a 5-4 decision in the Stern v. Marshall case,¹ holding that a bankruptcy court’s exercise of statutory jurisdiction was unconstitutional when it adjudicated a counterclaim relating to a purely state law cause of action.

11/15/2010 - Weathering the Storm: Buyer Beware, Fifth Circuit Rules Purchasers of Reorganized Debtors Liable for Undervalued Claim
In an October 19, 2010 opinion arising out of the Scotia Pacific bankruptcy cases, the Fifth Circuit ruled that reorganized Scotia and its affiliate Pacific Lumber Company were obliged – nearly 2½ years after Scotia’s reorganization plan was consummated – to pay Scotia’s former secured lenders approximately $30 million on account of a mistake made by the bankruptcy judge in calculating the amount owed to the secured lenders for the use of their collateral during the bankruptcy cases.

09/21/2009 - Sec. 1111(b) And Commercial Real Estate Cases
A variety of sources predict a coming wave of commercial real estate problems. The prediction is that many of the acquisitions and refinancing of a few years ago are headed toward maturity in 2009 to 2011. Since many used funding vehicles that no longer exist, the conventional wisdom is that the defaults will soon begin. Just as summer follows spring, bankruptcies follow mortgage defaults.
Guest Column published in Law360, September 21, 2009. Reprinted with permission.

08/25/2009 - Weathering the Storm: Recent Court Decision Exposes the Reach of a Corporate Family’s Financial Distress to its Bankruptcy-Remote Special Purpose Entities and Their Lenders
In the recent heyday of real estate and structured finance, the use of “bankruptcy-remote” special purpose entities (SPEs) as borrowers was a fundamental underwriting requirement by lenders in many loans, and a critical factor considered by ratings agencies, to shield lenders and their collateral from the potentially adverse impact of bankruptcy filings by their borrowers’ parents and siblings.

05/29/2009 - US Recession – More Bad News On The Way
The US government just updated its forecast for the economy for the rest of this year. The current prediction is that things will get worse before they get better. This includes more unemployment and a reduced gross domestic product. To make matters worse, there is even some discussion about bond rating agencies dropping US government debt from its exalted AAA status for the first time in history.

Market commentary published in Financier Worldwide.com.

05/15/2009 - Post-Bankruptcy Pension Cost: Potential Jobs Killer
Bankruptcy Law360 Guest Column from Fort Worth Partner John Penn
This economic downturn includes a problem that we have seen before — an ever-growing number of underfunded pension plans. But one big difference this time is that additional fees imposed in 2006 can prevent a company from reorganizing and thereby hasten the day it closes its doors.

03/18/2009 - Weathering the Storm: Intellectual Property Rights in Bankruptcy - Everything is for Sale
Problem: A long-standing competitor is caught by the credit crunch and now cannot refinance its maturing debt. Out of options and trying to save its operations and brand names, your competitor files a Chapter 11 petition to buy time to work with its creditors. What does this mean for you?

Pension Shortfalls – The Next Wave?
Bankruptcy Law360
As Yogi Berra once said, “It’s like déjà vu all over again.” Today’s news about falling stock markets and lower interest rates creates the unmistakable feeling that we’ve been here before – and what followed then wasn’t pretty.

08/09/2008 - Will Bankruptcy Courts Soon Host More Auctions than Sotheby’s?
American Bankruptcy Institute

08/09/2008 - Roller Coaster Markets
American Bankruptcy Institute

08/09/2008 - Don’t Blame Pension Terminations on Our Bankruptcy System
American Bankruptcy Institute

08/09/2008 - “Bankruptcy Reform” – One Year Later
American Bankruptcy Institute

08/09/2008 - Is this Economic Cycle Going Anywhere We’d Like to Go?
American Bankruptcy Institute

08/09/2008 - “Risk” and Other Four Letter Words You Should Know
American Bankruptcy Institute
The 360+ point drop in the Dow Jones Industrial Average on the anniversary of the 1987 stock market crash sent one four letter word screaming back into the market’s collective conscious. “Risk” – while not exactly one of the seven words you can’t say on the radio, was used so rarely in the past few years that one might have thought it an obscenity. Similar obscenities will follow.

08/09/2008 - Bank Failures - Lessons from the Past
American Bankruptcy Institute

08/09/2008 - Bankruptcy Reform: Take a Deep Breath and Step Down from the Ledge
American Bankruptcy Institute

08/09/2008 - Pensions – The “Perfect Storm”
American Bankruptcy Institute

04/12/2007 - Supreme Court Holding Allows Bankruptcy Proofs of Claim to be Amended to Recover Attorneys' Fees
On March 20, 2007, the United States Supreme Court issued a unanimous opinion in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., No. 05-1429, 2007 WL 816795 (March 20, 2007), holding that a creditor may supplement its unsecured claim in a bankruptcy case to recover contract-based attorneys’ fees incurred during the bankruptcy case through the litigation of bankruptcy law matters.

09/06/2006 - Is this Economic Cycle Going Anywhere We'd Like to Go?

09/05/2006 - Expert Testimony in Litigation: A 'How (not) to Guide'

04/19/2006 - Pension Funds: Sailing Into The Perfect Storm

Viewpoint/Daily Bankruptcy Review: August, 2005
American Bankruptcy Institute

Viewpoint/Daily Bankruptcy Review: July, 2005
American Bankruptcy Institute

02/01/2001 - Literal Licensees, Disappearing Collateral And Other Techie Tricks
as presented to INSOL World

02/01/2001 - Silicon Secrets