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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Schnader Harrison Segal & Lewis LLP ordered by Published Date Descending.
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Supreme Court: Licensees Retain Trademark Rights After Rejection Under Section 365 Of The Bankruptcy Code
On May 20, 2019, the U.S. Supreme Court issued its decision in Mission Product Holdings, Inc. v. Tempnology, LLC, resolving what was substantively one of the more significant circuit court splits existing under the Bankruptcy Code.
United States
25 Jun 2019
2
Supreme Court Says Creditors Must ‘Get It In Writing'
On June 4, the U.S. Supreme Court sent a clear message regarding the requirements for non-dischargeability under the Bankruptcy Code, holding that a debtor's misleading statement...
United States
8 Jun 2018
3
Jonathan Hugg Assesses Changes In Pennsylvania's Creditor-Debtor Laws
Jonathan W. Hugg published an article, "What You Need to Know About Changes in Pennsylvania's Creditor-Debtor Laws," in the Philadelphia Business Journal.
United States
26 Feb 2018
4
The U.S. Supreme Court Unanimously Rules Against The Creditor In Jesinoski
We predicted here that at least five U.S. Supreme Court Justices would reject the creditor’s argument in Jesinoski v. Countrywide Home Loans, Inc. that a borrower must file a lawsuit within three years of the consummation of the loan in order to preserve the statutory right to rescind under the Truth in Lending Act.
United States
14 Jan 2015
5
New Amendments To Federal Rule Of Appellate Procedure 6: Appeal In A Bankruptcy
On December 1, 2014, amendments to various federal rules of practice and procedure took effect.
United States
15 Dec 2014
6
New Amendments To Federal Rule Of Appellate Procedure 6: Appeal In A Bankruptcy
On December 1, 2014, amendments to various federal rules of practice and procedure took effect.
United States
15 Dec 2014
7
Third Circuit Advises Parties To Use Plain Language When Drafting Arbitration Agreements
The Third Circuit recently affirmed the United States Bankruptcy Court for the District of Delaware’s denial of a motion to compel arbitration in In re Nortel Networks, Inc.
United States
16 Dec 2013
8
Fourth Circuit Holds That Lenders Can Require Borrowers To Waive ECOA Claims In Connection With Loan Work-Outs
The Equal Credit Opportunity Act (ECOA) prohibits lenders, with certain exceptions, from requiring a borrower’s spouse to sign a loan.
United States
5 Nov 2013
9
The Third Circuit Holds That Communications With Debtors During Bankruptcy Proceedings Can Expose Debt Collectors To Liability Under The FDCPA
The Third Circuit, addressing an issue of first impression in the circuit, recently held that debtors who receive communications from debt collectors in the course of bankruptcy proceedings are not barred from pursuing claims alleging that those communications violate the Fair Debt Collections Practices Act (FDCPA).
United States
15 Oct 2013
10
Lenders May Be Able To Reduce Litigation Risk By Obtaining Express Consent When A Borrower Pledges The Assets Of A Wholly-Owned Subsidiary As Collateral
A recent decision by the United States Court of Appeals for the Third Circuit suggests steps that lenders who accept the assets of a borrower’s wholly-owned subsidiary as collateral should consider taking to reduce the likelihood of litigation in the event the lender must pursue the collateral.
United States
22 Aug 2013
11
Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent To Allow Bankruptcy Court To Re-Characterize Debt As Equity
Bankruptcy trustees and lenders to a potentially insolvent debtor should take note of a recent decision by the U.S. Ninth Circuit Court of Appeals in Official Committee of Unsecured Creditors v. Hancock Park Capital II.
United States
28 May 2013
12
Bankruptcy Loses Arguments For Special Relief Under Prepetition Agreements For Environmental Liability
A recent case from the U.S. District Court for the Southern District of New York addressed the recurring conflict between the goals of bankruptcy law and the goals of federal and state environmental cleanup laws.
United States
11 Feb 2013
13
Third Circuit Deems Creditor An “Insider” Based On Abuse Of Business Relationship With Debtor And Orders Return Of $188.2 Million To Trustee
The Third Circuit Court of Appeals has adopted a broad interpretation of “insider” status for purposes of avoidance claims under the Bankruptcy Code.
United States
6 Oct 2009
14
A Less Expensive Alternative To Bankruptcy: State-Court Receiverships
Secured creditors are increasingly seeking quicker, more cost efficient alternatives to bankruptcy in an effort to better protect collateral and maximize proceeds in the event liquidation of collateral is necessary.
United States
6 Oct 2009
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