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    In re Crane: update on appellate and legislative efforts to clarify Illinois mortgage requirements
    2012-07-11

    In February the Bankruptcy Court for the Central District of Illinois held in Crane v.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Husch Blackwell LLP, Interest, Amicus curiae, Mortgage loan, Seventh Circuit
    Authors:
    Phillip J.F. Geheb , Courtney L. Hill
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    Third Circuit settles right to cure split in New Jersey
    2008-01-31

    For more than 10 years, the courts in New Jersey were split as to whether, under the Bankruptcy Code, a chapter 13 debtor’s right to cure a default on a mortgage loan secured by the debtor’s primary residence expired at the foreclosure sale, or at the time the deed to the foreclosed property was delivered to the purchaser. That split now has been resolved by the U.S. Court of Appeals for the Third Circuit in favor of the line of cases cutting off the right to cure at the time of the foreclosure sale. In re Connors, No. 06-3321 (3d Cir., Aug. 3, 2007).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Waiver, Amicus curiae, Mortgage loan, Foreclosure, Deed, Default (finance), Deutsche Bank, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Federal district court reverses bankruptcy court ruling allowing appointment of “special insurance counsel”
    2008-04-28

    The United States District Court for the Central District of California has reversed a bankruptcy court ruling allowing two law firms—Snyder Miller & Orton LLP (SMO) and Morgan Lewis & Bockius LLP (MLB)—to serve as "special insurance counsel" to address insurance and insurance-coverage-litigation-related matters under the narrow special purpose standards of § 327(e). In re Thorpe Insulation Co., No. CV08-00246-DSF (C.D. Cal. Apr. 22, 2008). Citing In re Congoleum Corp., 426 F.3d 675 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Conflict of interest, Bankruptcy, Debtor, Federal Reporter, Limited liability partnership, Amicus curiae, Standing (law), Remand (court procedure), US District Court for Central District of California, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court holds oral argument in Piccadilly Cafeterias: ability of state and local governments to tax transfers on sales approved outside of a chapter 11 plan before the court
    2008-03-28

    On March 26, 2008, the United States Supreme Court heard oral argument in the case of State of Florida Department of Revenue v. Piccadilly Cafeterias, Inc. to consider the United States Court of Appeals for the Eleventh Circuit's ruling that a bankruptcy court may exempt certain state and local taxes in a sale approved prior to confirmation of a chapter 11 plan under § 1146(c) of the Bankruptcy Code.

    Introduction

    Section 1146(a) (formerly, and for the purposes of this case § 1146(c)) of the Bankruptcy Code provides:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Consideration, Amicus curiae, Liquidation, Bright-line rule, Stamp duty, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Eleventh Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    River Road court certifies direct appeal to the Seventh Circuit Court of Appeals on credit bid issue
    2011-04-06

    On November 4, 2010, the United States Bankruptcy Court for the Northern District of Illinois certified the appeal of debtors River Road Hotel Partners, LLC, et al. of the court’s Order Denying Debtors’ Bid Procedures Motion (the Order) entered October 5, 2010. In its Order, the bankruptcy court expressly denied the debtors’ attempts to prevent their secured creditors from credit bidding in a proposed sale of assets under a chapter 11 plan.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Interest, Federal Reporter, Amicus curiae, Dissenting opinion, Secured creditor, Majority opinion, Secured loan, United States bankruptcy court, Fifth Circuit, Third Circuit, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Euroresource--deals and debt
    2013-07-30

    Recent developments

    Filed under:
    Netherlands, Spain, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Public company, Shareholder, Amicus curiae, Debt, Articles of association, Fonds monétaire international, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , Bruce Bennett , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Netherlands, Spain, United Kingdom, USA
    Firm:
    Jones Day
    N.Y. Court of Appeals set to decide whether bankrupt law firms can claw back “unfinished business” profits from their former partners
    2014-05-09

    On June 4, 2014, the New York Court of Appeals will hear arguments arising from the bankruptcies of two law firms—Thelen and Coudert Brothers—as to whether the former partners of the bankrupt law firms must turn over profits earned on billable-hour client matters they brought to their new firms.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Amicus curiae, Second Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Federal district court reverses bankruptcy court ruling allowing appointment of “special insurance counsel”
    2008-04-28

    The United States District Court for the Central District of California has reversed a bankruptcy court ruling allowing two law firms—Snyder Miller & Orton LLP (SMO) and Morgan Lewis & Bockius LLP (MLB)—to serve as "special insurance counsel" to address insurance and insurance-coverage-litigation-related matters under the narrow special purpose standards of § 327(e). In re Thorpe Insulation Co., No. CV08-00246-DSF (C.D. Cal. Apr. 22, 2008). Citing In re Congoleum Corp., 426 F.3d 675 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Conflict of interest, Bankruptcy, Debtor, Federal Reporter, Limited liability partnership, Amicus curiae, Standing (law), Remand (court procedure), US District Court for Central District of California, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court holds oral argument in Piccadilly Cafeterias: ability of state and local governments to tax transfers on sales approved outside of a chapter 11 plan before the court
    2008-03-28

    On March 26, 2008, the United States Supreme Court heard oral argument in the case of State of Florida Department of Revenue v. Piccadilly Cafeterias, Inc. to consider the United States Court of Appeals for the Eleventh Circuit's ruling that a bankruptcy court may exempt certain state and local taxes in a sale approved prior to confirmation of a chapter 11 plan under § 1146(c) of the Bankruptcy Code.

    Introduction

    Section 1146(a) (formerly, and for the purposes of this case § 1146(c)) of the Bankruptcy Code provides:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Consideration, Amicus curiae, Liquidation, Bright-line rule, Stamp duty, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Eleventh Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    There’s no equity in law
    2014-04-08

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Amicus curiae, Title 11 of the US Code, SCOTUS, United States bankruptcy court
    Authors:
    Tuvia Peretz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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