Determining Cram Down Interest Rates Post-Till
by Hon. Michael G. Williamson, U.S. Bankruptcy Court, Tampa, Fla.
Originally presented at the 2005 Southeast Bankruptcy Conference
The outline of Judge Williamson’s presentation, with discussion of Till v. SCS Credit Corp. and how it applies to chapter 11 cases.
Read the full presentation outline.
Agenda for the 2005 Winter Leadership Conference
The Finance & Banking Committee will meet at the 2005 Winter Leadership Conference in Indian Wells, Calif., on Friday, Dec. 2, at 9:30 a.m. Discussion will cover the recent explosion of second-lien lending and the growth of the bankruptcy provisions contained in the intercreditor agreements that accompany most second-lien loan transactions. So what happens when these provisions are tested in a bankruptcy case? The panel will discuss whether the business reality of these provisions, negotiated between first- and second-lien lenders, lines up with the practical realities of whether the commonly negotiated-for provisions are even enforceable in a bankruptcy.
The presenters are:
- Jo Ann Brighton, Kennedy Covington Lobdell & Hickman LLP, Charlotte, N.C.
- Hon. Judith Fitzgerald, U.S. Bankruptcy Court (W.D. Pa.), Pittsburgh
- Mark N. Berman, Nixon Peabody LLP, Boston