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    In Brief: Delaware and New York District Courts Affirm Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
    2018-12-20

    On September 21, 2018, the U.S. District Court for the District of Delaware affirmed a bankruptcy court's ruling that it had the constitutional authority to grant nonconsensual third-party releases in an order confirming the chapter 11 plan of laboratory testing company Millennium Lab Holdings II, LLC ("Millennium"). SeeOpt-Out Lenders v. Millennium Lab Holdings II, LLC (In re Millennium Lab Holdings II, LLC), 2018 WL 4521941 (D. Del. Sept. 21, 2018).

    Filed under:
    USA, Delaware, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jones Day, Subject-matter jurisdiction
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Arbitration Not Waived in Lawsuit Pending for Two Years
    2018-11-20

    Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses or counterclaims and had taken no discovery. Trevino v. Select Portfolio Servicing, Inc. (In re Jose Sr. Trevino), Adv. Pro. No. 16-7024, 2018 Bankr. LEXIS 3605 (Bankr. S.D. Tex. Nov. 14, 2018).

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, Injunction, Breach of contract, Arbitration clause, Waiver, Abuse of process, Testimony, Motion to compel, Prejudice, Federal Arbitration Act 1926 (USA), United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Lehman Brothers Seeks to Expand Lawsuits Against Loan Originators
    2018-10-11

    Last week, Lehman Brothers Holdings Inc. (“LBHI”) filed two new motions in its ongoing Southern District of New York Bankruptcy Court litigation against approximately 130 loan originators and brokers: (1) an Omnibus Motion for Leave to File Third Amended Complaints Pursuant to Rule 7015 of the Federal Rules of Bankruptcy Procedure (“Motion for Leave to Amend Complaint”); and (2) a Motion for Leave to Amend and Extend the Scope of the Alternative Dispute Resolution Procedures Orders for Indemnification Claims of the Debtors against Mortgage Loan Sellers (“ADR Motion”).

    Filed under:
    USA, New York, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bilzin Sumberg, Mortgage loan, Lehman Brothers, United States bankruptcy court
    Authors:
    Philip R. Stein , Enza G. Boderone
    Location:
    USA
    Firm:
    Bilzin Sumberg
    Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay
    2018-09-28

    When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its property in the debtor’s bankruptcy case. When contract entered into pre-bankruptcy contains an arbitration clause, a bankruptcy court will consider if the stay should be enforced or if the parties can resolve the matter in arbitration. In In re Argon Credit, LLC, No. 16-39654 (Bankr. N.D. Ill. Sept.

    Filed under:
    USA, Illinois, Arbitration & ADR, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Arbitration clause, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Second Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code
    2018-06-29

    Recently, in Anderson v.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Class action, Second Circuit
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Kevin M Davis
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel arbitration given the conflict between arbitration and the Bankruptcy Code.
    2018-06-18

    Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) [click for opinion]

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kyle Richard Olson , Grant Hanessian
    Location:
    USA
    Firm:
    Baker McKenzie
    Financial Services 2017 Year-End Report
    2018-04-18

    bakerlaw.com 1 Financial Services 2017 Year-End Report 2 FINANCIAL SERVICES 2017 YEAR-END REPORT Table of Contents Introduction 3 Litigation 4 Industry Developments 5 Representative Matters 7 Emerging Issues and Trends 8 Lending 10 Industry Developments 11 Representative Matters 11 Emerging Issues and Trends 12 Regulatory, Compliance and Licensing 13 Industry Developments 14 Representative Matters 16 Emerging Issues and Trends 16 Restructuring 18 Industry Developments 19 Representative Matters 19 Emerging Issues and Trends 20 Conclusion and Contact Us 22 3 FINANCIAL SERVICES 2017 YEAR-END R

    Filed under:
    USA, Arbitration & ADR, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Real Estate, BakerHostetler, Blockchain, Digital currency, Initial coin offering, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Congressional Review Act 1996 (USA), Fair Debt Collection Practices Act 1977 (USA), Home Mortgage Disclosure Act 1975 (USA)
    Location:
    USA
    Firm:
    BakerHostetler
    Third Circuit finds non-debtor cannot assert DUFTA claim
    2018-04-10

    Introduction

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Third Circuit
    Authors:
    Katie Connolly
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    Second Circuit Rejects Arbitration of Debtor’s Asserted Discharge Violation
    2018-04-03

    A bankruptcy court properly denied a bank’s motion to compel arbitration of a debtor’s asserted violation of the court’s discharge injunction, held the U.S. Court of Appeals for the Second Circuit on March 7, 2018. In re Anderson, 2018 U.S. App. LEXIS 5703, *20 (2d Cir. March 7, 2018).

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    2nd Circuit finds bankruptcy claim non-arbitrable
    2018-03-13

    On March 7, the U.S. Court of Appeals for the 2nd Circuit denied a bank’s motion to compel arbitration, holding that arbitration of the debtor’s claims would present an inherent conflict with the intent of the Bankruptcy Code because the dispute concerns a core bankruptcy proceeding.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Second Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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