On October 3, 2007, legislation was introduced in the U.S. Senate to amend provisions of the U.S. Bankruptcy Code that currently prevent homeowners from using bankruptcy to modify mortgage loans secured by their primary residence. Proponents of the legislation believe that permitting homeowners to modify mortgage loans in bankruptcy will encourage lenders to engage in voluntary modifications prior to bankruptcy.
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Directors and officers of Delaware corporations face no liability to corporate creditors from direct claims for breach of fiduciary duty, under the Delaware Supreme Court’s recent ruling in North American Catholic Educational Programming Foundation, Inc. v. Gheewalla, (May 18, 2007) (“North American Catholic”).
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Insider trading, Good faith, Due diligence, Non-disclosure agreement, US Securities and Exchange Commission, Barclays, Delaware General Corporation Law, Delaware Supreme Court, US District Court for the Southern District of New York, Colorado Supreme Court