Momentive Shifts Balance Of Power In Complex Chapter 11

Law360, New York (May 15, 2015, 11:42 AM EDT) -- In a May 4, 2015, decision, the U.S. District Court for the Southern District of New York rejected secured lenders' appeals of a controversial bankruptcy court decision confirming the Chapter 11 plan of reorganization of MPM Silicones LLC (also known as Momentive). The district court opinion, by Judge Vincent Briccetti, affirms the bankruptcy court's decision that Momentive's senior secured lenders could be "crammed down" at a below-market interest rate, without payment of a make-whole premium. The decision highlights the risks secured lenders face in Chapter 11 proceedings in the Southern District of New York — one of the preeminent forums for large commercial restructurings....

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