In In re Kohls, 2007 LEXIS 76 (Bankr NDWVa 2007), the debtor filed this adversary proceeding against the Bank to cancel indebtedness and recover damages related to a $34,864 loan that the Bank made to the Debtor on the grounds that the loan was unconscionable at the time it was executed in violation of W. Va. Code § 46A-2-121.
USA, West Virginia, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Debtor, Debt, Unconscionability, Refinancing, Capital punishment, United States bankruptcy court
Opinion Serves to Remind Lenders That “Bankruptcy Remote” Does Not Mean “Bankruptcy Proof”
Judge Allan L. Gropper of the Bankruptcy Court for the Southern District of New York issued a much-anticipated order on August 11, 2009, in the challenge to the bankruptcy filings by certain special-purpose-entity (“SPE”) affiliates of General Growth Properties, Inc. (“GGP”).
USA, New York, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Shareholder, Surety, Debtor, Fiduciary, Debt, Bad faith, Refinancing, Default (finance), Commercial mortgage-backed security, Secured loan, Consolidation (business), MetLife, Title 11 of the US Code, United States bankruptcy court