In re Hechinger Investment Company of Delaware, Inc.

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March 28, 2004
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In re Hechinger Investment Company of Delaware, Inc.
2004 U.S. Dist. LEXIS 5537
US
Federal Court
Delaware
United States District Court
Andrew K. Glenn, Carl N. Kunz, Claude D. Montgomery, Clay J. Pierce, David E. Ross, David M. Friedman, Howard W. Schub, Ian D. Katz, Jeffrey D. Ganz, Jeremy Ryan, John Cambria, Mark Minuti, Marvin C. Peguese, Michael F. Bonkowski, Paul S. Samson, Peter
Dr. Israel Shaked (for Hechinger Liquidation Trust) <br> Louis Paone (for Bankboston Retail Finance, Inc. and General Electric Capital Corp. ) <br> Robert Rock (for Bankboston Retail Finance, Inc. and General Electric Capital Corp.)
Robinson

Summary

Claim for equitable lien denied on the basis that the creditor (Chase) negotiated a loan in good faith without knowledge of the negative pledge against the company (Builder's Square).
In re Hechinger Investment Company of Delaware, Inc.
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See Also

Valuation Is Irrelevant to Establish Knowledge by Stranger to Indenture of Its Breach

The issue in this case was whether an acquired company was worth more or less than a loan amount an indenture’s negative pledge covered.

This article also appears in:
Business Valuation & Bankruptcy Compendium