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Our subcommittee met at the 2009 ABA Annual Meeting in Chicago to discuss recent trends in DIP Loans and how prepetition loan participants can take advantage or be harmed by DIP roll-up loans. The presentation materials for Battle of the Rollup DIP Financer and the Pre-Petition Lender (What's a Lender to Do to Avoid Getting Steamrolled in the Borrower's Bankruptcy) can be found by clicking here.
The Creditors' Rights Subcommittee met jointly with Bankruptcy Litigation at the ABA Business Law Section 2009 Spring Meeting in Vancouver, BC. Peter A. Cal of Sherman & Howard L.L.C., and David Gruber of Blakes, discussed options available to creditors in cross-border insolvencies, focusing on recent cases and developments in the United States and Canada. Advantages and disadvantages, from the perspective of creditors, of a chapter 15 ancillary proceeding in the United States compared to a plenary chapter 11 bankruptcy proceeding in the United States in conjunction with a concomitant plenary proceeding in Canada were discussed
Please send any ideas or suggestions for future topics to Shannon at snagle@omm.com or Elizabeth at eb@jordenusa.com.
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