Evan C. Hollander

Partner

New York


Read full biography at www.orrick.com
Evan Hollander, Senior Partner in Orrick’s New York office, is a member of the firm’s Restructuring group.

Evan Hollander has over 25 years of experience representing debtors, secured creditors, holders of fulcrum securities, distressed asset acquirers, and independent directors in complex U.S. and cross-border restructuring matters. Mr. Hollander is equally comfortable in the courtroom as he is at the negotiating table and the boardroom, and has extensive experience crafting and implementing restructuring plans. He frequently writes on insolvency related topics and routinely appears on panels at industry conferences.

Posts by: Evan Hollander

Second Circuit Overturns Ruling on Cram-Down Interest Rates in Momentive

 

 

  • Adopts Sixth Circuit Test for Selecting Interest Rate
  • Affirms District and Bankruptcy Court Determinations Regarding Senior Debt Status and Disallowing Make-Whole Payments
  • Rejects Debtor’s Equitable Mootness Argument

On October 20, 2017, the Second Circuit issued its long awaited ruling[1] on several appeals from a U.S. District Court (Bricetti, J.) determination affirming the United States Bankruptcy Court (Drain, J.) in the MPM Silicones, L.L.C. (“Momentive”) bankruptcy case.[2]   The Second Circuit rejected the lower court rulings applying a “formula rate” of interest to cram-down paper issued to senior secured lenders under the Momentive plan of reorganization and remanded the case to the bankruptcy court with instructions to apply an “efficient market rate” of interest if one could be ascertained.  READ MORE