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    Death of the Bob Richards Rule?Supreme Court Limits Federal Common Law ( Rodrigues v. Fed. Deposit Ins. Corp.)
    2020-02-25

    When can a Federal Court employ a federal common law rule to make its decision in the case? Justice Gorsuch answer this in Rodriguez v. Fed. Deposit Ins. Corp., U.S., No. 18-1269, 2/25/20.[1] The answer . . . less often than you might think.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, Internal Revenue Code (USA)
    Authors:
    Craig Schuenemann
    Location:
    USA
    Firm:
    BCLP
    Just File Your Notice of Appeal!
    2020-02-27

    Bankruptcy Rule 8002 and Federal Rule 58 can sometimes look like this. Carolina and Khaled have a much simpler solution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP
    Location:
    USA
    Firm:
    BCLP
    Taggart v. Lorenzen, The State Of Bankruptcy Contempt Power Eight Months Later
    2020-02-09

    So you (allegedly) violated a bankruptcy court order. Whether the debtor alleges you violated the terms of a confirmed plan, failed to provide certain notices required by the bankruptcy rules, violated the discharge injunction, or any other court order, you may be wondering what potential redress the debtor may seek. Although many violations of bankruptcy court orders and rules do not provide for a private right of action, many debtors seek to have their rights vindicated (in the form of the greatest vindicator, cash) through an action for contempt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP, United States bankruptcy court
    Authors:
    William Easley
    Location:
    USA
    Firm:
    BCLP
    Bankruptcy Trustees Receive Early Holiday Present - a Circuit Level Win Against Colleges in the Tuition Clawback Cases
    2019-11-13

    We here at the Global Restructuring & Insolvency Developments (GRID to our friends) have been following the tuition clawback wars for a few years – the cases in which a bankruptcy trustee sues a college to return tuition that the bankrupt parent paid for their child when the parent was otherwise stiffing other creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP
    Location:
    USA
    Firm:
    BCLP
    Avoid a Catastrophic Loss From a Customer’s Bankruptcy — Five Tips
    2019-10-23

    One day, you get a notice in the mail that an important customer has filed chapter 11. Your customer recently paid $250,000 on invoices that were delinquent for several months and still owes you $500,000. The customer, a brick-and-mortar store, sent form letters to its vendors expressing optimism that the chapter 11 process will allow the store to continue to operate while it locates a buyer which will continue to operate the store.

    Filed under:
    USA, Insolvency & Restructuring, BCLP, Bankruptcy
    Location:
    USA
    Firm:
    BCLP
    Bankruptcy Code Amended: Congress Makes Chapter 12 More Accessible to Family Farmers and Creates New Chapter 11 Subchapter for Small Business Debtors
    2019-09-03

    On August 23, 2019, President Donald J. Trump signed into law two bills amending the Bankruptcy Code: (i) the Family Farmer Relief Act of 2019 (“FFRA”); and (ii) the Small Business Reorganization Act of 2019 (“SBRA,” and with FFRA, the “Acts”).1 Here are summaries of the Acts and important takeaways.

    DEBT LIMIT INCREASE APPLICABLE TO AGRIBUSINESSES

    Filed under:
    USA, Agriculture, Insolvency & Restructuring, Litigation, BCLP, Debtor, Due diligence, Title 11 of the US Code
    Location:
    USA
    Firm:
    BCLP
    SCOTUS Clarifies What Happens When a Trademark Licensor Files Bankruptcy
    2019-05-28

    Trademark licensors and licensees, as well as their stakeholders (including lenders), should heed the U.S. Supreme Court’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC n/k/a Old Cold, LLC, No. 17-1657. The Justices resolved a long-standing question arising from the intersection of bankruptcy and trademark law: whether a debtor/licensor’s rejection of a trademark license terminates the licensee’s right to use a trademark after rejection.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, BCLP, Debtor, Supreme Court of the United States
    Location:
    USA
    Firm:
    BCLP
    SCOTUS Clarifies What Happens When a Trademark Licensor Files Bankruptcy
    2019-05-28

    Trademark licensors and licensees, as well as their stakeholders (including lenders), should heed the U.S. Supreme Court’s decision in Mission Product Holdings, Inc. v. Tempnology, LLC n/k/a Old Cold, LLC, No. 17-1657. The Justices resolved a long-standing question arising from the intersection of bankruptcy and trademark law: whether a debtor/licensor’s rejection of a trademark license terminates the licensee’s right to use a trademark after rejection.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, BCLP, Debtor, Title 11 of the US Code, Supreme Court of the United States
    Location:
    USA
    Firm:
    BCLP
    RESPA is a Shield, Not a Sword
    2019-04-29

    In a case of first impression, the Fifth Circuit held that a defendant is not required to plead as an affirmative defense under the Real Estate Settlement Procedures Act that it had complied with Section 1024.41 of the Code of Federal Regulations by responding properly to a borrower’s loss mitigation application. Germain v. US Bank National Association, — F. 3d — (2019 WL 146705, April 3, 2019). It affirmed the dismissal of the borrower’s RESPA claim on a summary judgment motion, based on the following facts.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, BCLP, Fifth Circuit
    Location:
    USA
    Firm:
    BCLP
    The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing
    2019-04-04

    On March 25, 2019, the United States Court of Appeals for the Ninth Circuit dealt another setback to plaintiffs trying to establish Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”). In five related FCRA appeals combined in Jaras v. Equifax, Inc., 2019 WL 1373198 (9th Cir. Mar.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, BCLP, Fair Credit Reporting Act 1970 (USA)
    Authors:
    Matthew M. Petersen
    Location:
    USA
    Firm:
    BCLP

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