In a recent decision, In re Castleton Plaza, LP, 2013 WL 537269 *1 (Feb. 14, 2013), the Seventh Circuit held that the absolute priority rule – which requires that creditors be paid in full before equity holders receive anything on account of their equity interests under a plan of reorganization – applies equally to the “insiders” of a debtor.
USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Debtor, Secured creditor, United States bankruptcy court, Seventh Circuit
On July 26, 2010, the Indiana Court of Appeals, in the published decision of Green Tree Servicing, LLC., v. Brian D. Brough, No. 88A01-0911-CV-550, addressed the issue raised by Appellant Green Tree as to whether the trial court erred by vacating its prior Order directing the parties to arbitrate their dispute, which involved a prior bankruptcy filing and a claim under the Fair Credit Reporting Act.
USA, Indiana, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Arbitration clause, Waiver, Debt, Mortgage loan, Jury trial, Bankruptcy discharge, Wells Fargo, Fair Credit Reporting Act 1970 (USA), Ninth Circuit, Indiana Court of Appeals