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    Can the bankruptcy model salvage inter partes review?
    2017-11-08

    As the Supreme Court prepares to hear oral argument in Oil States Energy Services LLC v Greene's Energy Group LLC, the constitutionality and structure of inter partes review hangs in the balance. In 2011 Congress enacted the Leahy-Smith America Invents Act, which established the existence of inter partes review proceedings. Inter partes reviews allow private third parties to challenge certain patent validity issues before the US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Baker Donelson Bearman Caldwell & Berkowitz PC, USPTO, Leahy-Smith America Invents Act 2011 (USA)
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Good news for mortgage lenders in consumer bankruptcy class actions
    2011-02-16

    While there has not been much good news for the mortgage banking industry coming out of bankruptcy courts in years, a recent opinion issued by the United States Court of Appeals for the Fifth Circuit provides not just good news, but very good news for mortgage lenders. The Fifth Circuit's opinion in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 609 F.3d 748 (5th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Costs in English law, Debtor, Class action, Federal Reporter, Mortgage loan, Wells Fargo, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    James H. White
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Spotlight on Tennessee: business earnings addressed by state Supreme Court
    2011-02-25

    Business structures are often reorganized to assist in isolating liabilities, support discrete product brands and address favorable tax environments. However, in certain fact situations, unintended Tennessee excise tax consequences can result from certain reorganizations. Such was the outcome of the Tennessee Supreme Court's recent decision in Blue Bell Creameries, LP v. Richard Roberts, Commissioner of Revenue, published January 24, 2011.

    The Holding

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Shareholder, Audit, Limited partnership, Liability (financial accounting), Excise, Liquidation, Holding company, S corporation, Subsidiary
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Labor and employment issues in special servicer and other third-party management agreements
    2011-04-11

    When a special servicer or third-party manager takes over a distressed asset or franchise, no one thinks about labor and employment issues until a problem surfaces. While a special servicer or third-party manager with its own employees in the area can usually expect a smooth transition, these arrangements often occur in places that are far-removed from the headquarters or home office. A special servicer may simply assume that it is taking over the former operator’s employees, and not think twice about other labor issues.

    Filed under:
    USA, Employment & Labor, Franchising, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Breach of contract, Discrimination, Government agency, Solicitation, Anti-discrimination law, Equal Employment Opportunity Commission (USA)
    Authors:
    Wesley C. Redmond
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Spotlight on bankruptcy: basic bankruptcy for mortgage litigators
    2014-07-17

    Mortgage litigators often face a variety of bankruptcy issues. There are three main chapters of bankruptcy that affect the average mortgage litigator: Chapter 7, Chapter 13 and Chapter 11. Upon the filing of Chapter 7, Chapter 13 and Chapter 11 by a borrower, the bankruptcy code provides for a bankruptcy automatic stay. The automatic stay provides that all judicial or administrative proceedings or actions against a borrower must immediately stop. This includes all foreclosure actions, eviction actions and general state court litigation against a borrower.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Kathleen G. Furr
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Terminated auto dealers revenge - were the GM/Chrysler dealer terminations unconstitutional?
    2014-05-01

    Readers may remember the dramatic restructuring of the GM and Chrysler dealer networks as part of the bankruptcy proceedings for each auto maker in 2009. The state auto dealer franchise statutes and their protection against dealer terminations were summarily preempted by the bankruptcy proceedings and the pre-condition of dealer network reduction for the necessary loans from the federal government to the debtors in possession. Dealers challenged this action in the Court of Claims, and by an April 7, 2014 decision in A&D Auto Sales, Inc. et al. v.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Personal property, Constitutionality, Intangible property, General Motors, Chrysler
    Authors:
    Joel R. Buckberg
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Government employee pensions may now be fair game for cuts during bankruptcy restructuring
    2013-12-12

    On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the specific legal criteria required to receive protection from its creditors and thus could formally enter bankruptcy.  The district court further determined that the city’s obligation to pay pensions in full was not "untouchable" while working and negotiating with creditors in restructuring its debt.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, US District Court for Eastern District of Michigan
    Authors:
    Imad Abdullah
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Seventh Circuit extends FLSA successor liability to asset purchaser
    2013-03-27

    The U.S. Court of Appeals for the Seventh Circuit became the second federal appellate court to extend successor liability under the FLSA to an asset purchaser. In Teed et al, v.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Fair Labor Standards Act 1938 (USA), Seventh Circuit
    Authors:
    Ben H. Bodzy , Lawrence S. Eastwood , Megan Sutton
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    New bankruptcy rules impact proofs of claim
    2012-02-14

    On December 1, 2011, critical changes to the Federal Rules of Bankruptcy Procedure took effect.  Among the changes, which impact all creditors, are amendments altering the information required on a proof of claim filed in a bankruptcy court.  Bankruptcy Rule 3001 was substantially changed to require, among other information: (i) an itemized statement of the amount of interest, fees, expenses or other charges incurred before the bankruptcy petition was filed, if a claim includes the aforementioned fees and expenses; (ii) a statement of the amount necessary to cure any default as of

    Filed under:
    USA, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Kathleen G. Furr
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Reform bankruptcy act provides relief for commercial lessors
    2007-01-03

    October 17, 2006 marked the one year anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the "Reform Act"). The Reform Act has provided some much needed relief to commercial landlords, and the reported decisions of bankruptcy courts during the first year of the Reform Act confirm the effectiveness of the new landlord-friendly provisions.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, Consumer protection, Unsecured debt, Commercial property, Landlord, Leasehold estate, Beneficiary, Default (finance), US House of Representatives, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC

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