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The 5th edition of the Bankruptcy Deadline Checklist, authored by Norman Pernick and edited by David Dean and Jonathan Grasso, has just been released by the American Bar Association

The Bankruptcy Deadline Checklist is a quick reference guide for those who handle bankruptcy cases including judges, lawyers, paralegals, credit managers, collection agents, professors, law students, and others.

USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, American Bar Association
Eastern District of New York Holds That "Forced Vesting" of Title to Collateral Is an Impermissible Modification of a Secured Creditor's Rights

In In re Zair, 2016 U.S. Dist. LEXIS 49032 (E.D.N.Y. Apr. 12, 2016), the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of “forced vesting” through a chapter 13 plan. After analyzing Bankruptcy Code §§ 1322(b)(9) and 1325(a)(5), the court concluded that a chapter 13 debtor could not, through a chapter 13 plan, force a mortgagee to take title to the mortgage collateral.

Background

USA, New York, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Collateral (finance), Vesting, Secured creditor
Personnel files and documents relating to "hand-picked" directors ruled discoverable in breach of fiduciary duty action against private equity firm

A Delaware bankruptcy judge recently ruled that information concerning the compensation and performance of “hand-picked” directors of a private equity firm’s portfolio company was discoverable in an action for breach of fiduciary duty against the private equity firm.

USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Fiduciary, Discovery