HHR Bankruptcy Report

Category Archives: Structured Finance

Subscribe to Structured Finance RSS Feed

Delaware Court Clarifies Creditor-Derivative Standing And Directors’ Fiduciary Duties To An Insolvent Corporation And Its Creditors

Posted in Creditors' Rights, Delaware, Fiduciary Duty, Structured Finance
In what may become a precedential analysis of the cardinal principles of Delaware corporate and bankruptcy law, the Delaware Court of Chancery recently issued a decision in Quadrant Structured Products Co., Ltd. v. Vertin, extensively discussing the rights of an insolvent company’s creditors to pursue derivative claims against the company’s directors and provided guidance to… Continue Reading

Protecting Lenders In Structured Financing Transactions: The Utility of “Bankruptcy-Remote” Entities Following In re GGP Properties, Inc.

Posted in Chapter 11, Structured Finance
In 2009, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York issued several remarkable rulings in the bankruptcy In re GGP Properties, Inc.[1](“GGP”).  Participants in structured credit markets initially expressed their “grave concern” regarding the potential “catastrophic impact” of the GGP rulings.[2]  While the ultimate effects of the… Continue Reading