Tenth Circuit Upholds Recharacterization of Debt to Equity

While not expressly authorized by the Bankruptcy Code, it is generally well-established that a bankruptcy court, as a court of equity, is not bound by a party’s characterization of a transaction and, instead, may recharacterize the nature of the transaction, acknowledging the economic realities involved.  The prime example occurs in instances where an insider purports to loan money to a […]

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Reddy Ice to Exit Bankruptcy

On May 18, 2012, the Bankruptcy Court for the Northern District of Texas confirmed Reddy Ice’s chapter 11 plan, paving the way for the Company to exit bankruptcy.  The Company announced that it would be prepared to exit bankruptcy in the next week or so.  Reddy Ice filed for chapter 11 bankruptcy on April 12 […]

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