Mondaq USA: Insolvency/Bankruptcy, Re-structuring
Jones Day
For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.
Pepper Hamilton LLP
A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage.
Reed Smith
One difficulty in applying the UFTA has been how a creditor proves that a debtor undertook a fraudulent transfer.
Pepper Hamilton LLP
A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county.
Pepper Hamilton LLP
A chapter 7 trustee sought to set aside a debtor’s transfer of her interest in property held jointly with her husband as a constructive fraudulent conveyance.
Jager Smith P.C.
Section 546(e) does not apply to or preempt a state law constructive fraudulent transfer claim to recover LBO payments to shareholders.
Shearman & Sterling LLP
Judge Jed S. Rakoff held that the Bankruptcy Code cannot be used to recover fraudulent transfers of funds that occur entirely outside the United States.
Pepper Hamilton LLP
The successful bidder at the sale appealed, arguing that the sale was "free and clear" of the tenant’s interests.
Sheppard Mullin Richter & Hampton
Despite its seemingly straightforward requirements, section 503(b)(9) has been the subject of litigation by debtors and creditors alike.
Fox Rothschild LLP
Michael A. Sweet was quoted in the Law360 article, "House Bill Would Open Up Ch. 9 To Puerto Rico Public Cos."
Arent Fox LLP
In the case of In re Lower Bucks Hospital, et al., the Third Circuit affirmed a decision of the United States Bankruptcy Court for the Eastern District of Pennsylvania.
Pepper Hamilton LLP
Debtor moved to reopen its bankruptcy case 15 years after it was closed to enforce the plan confirmation order to prevent claims by a state environmental agency.
WilmerHale
Increasingly, U.S. bondholders and other creditors of foreign debtors have turned to U.S. courts in chapter 15 cases in an attempt to improve their position against a foreign debtor or other stakeholders.
Fox Rothschild LLP
Michael A. Sweet was quoted in The Sun article, "San Bernardino’s Bankruptcy Reaches Two-Year Mark, Quietly."
Fox Rothschild LLP
The lawsuit settled for $5.15 billion and was recently approved by the bankruptcy court in the Southern District of New York.
Fox Rothschild LLP
The Chapter 7 Trustee of MCG Limited Partnership, et al., filed approximately 38 complaints seeking to avoid and recover alleged preferential transfers.
Pepper Hamilton LLP
An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected.
Thompson Coburn LLP
A typical lender is often managing tens of thousands of accounts of all different types and in various states of financial health.
Holland & Knight
Two recent court decisions in California and New York call into question the continued viability of the unfinished business theory (the so-called "Jewel" doctrine).
The Brattle Group
A recent opinion in the Genco Shipping valuation trial is a reminder that the discounted cash flow (DCF) method can sometimes lead one astray.
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Thompson Coburn LLP
A typical lender is often managing tens of thousands of accounts of all different types and in various states of financial health.
Jones Day
As in 2012, banking and financial services companies were conspicuously absent from the Top 10 List of public-company bankruptcy filings for 2013.
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
On Friday, June 7, 2013, Governor Rick Scott signed The Florida Fair Foreclosure Act, which made many substantive changes to how foreclosures must be conducted in the state.
Fox Rothschild LLP
Susan Jordan, a benefits and wealth planning partner with the firm, wrote this article about a recent Supreme Court decision.
Shearman & Sterling LLP
Facing the imminent bankruptcy of the federal Highway Trust Fund (the "HTF") and the specter of delays and reductions in payments from the HTF to the States, the US Congress last week passed the Highway and Transportation Funding Act of 2014, which extended federal surface transportation programs and funding through May 2015.
Pepper Hamilton LLP
A lease provided that if the landlord failed to pay a construction allowance when due, the tenant debtor’s obligation to pay rent and charges abated until payment was received.
Orrick
Judge Jed S. Rakoff declined to extend the reaches of section 550(a) to permit the recovery of funds alleged to be fraudulently obtained in connection with Bernard Madoff’s Ponzi scheme.
Duane Morris LLP
The Maine Supreme Judicial Court issued a ruling significantly affecting the ability of MERS to assign mortgage rights as a "nominee" of a mortgage lender.
Pepper Hamilton LLP
A chapter 7 trustee successfully sought to avoid a mortgage using his "strong arm" powers on the basis that the mortgage was not properly acknowledged.
The Brattle Group
A recent opinion in the Genco Shipping valuation trial is a reminder that the discounted cash flow (DCF) method can sometimes lead one astray.
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