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    You Get a Car! You Get a Car! Bankruptcy Court Gives Debtor a Car. Unsecured Creditors Get Nothing
    2016-08-05

    So, a ruling came out in June that we in The Bankruptcy Cave have been dying to blog about (and not just so we can use the blog title above). Forgive the delay – heavy workloads and summer vacations often preclude timely blog posts. But this one is a doozy, better late than never on this blog post.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    FDIC weighs in on director and officer removal of bank documents
    2012-03-19

    Following the failure of over 400 financial institutions since the beginning of 2008, the FDIC has clarified its expectations with respect to collection and retention of bank documents by directors and officers of troubled or failing financial institutions for the purpose of explaining or defending their conduct.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Federal Deposit Insurance Corporation (USA)
    Authors:
    W. Bard Brockman
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Little Airline That Couldn’t
    2016-07-19

    Remember Sabena, the ill-fated Belgian airline that declared bankruptcy in 2001? Well, to quote Ford Madox Ford, this is the saddest story I have ever heard.

    Filed under:
    USA, Aviation, Banking, Insolvency & Restructuring, Trade & Customs, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, Uniform Commercial Code (USA), Office of Foreign Assets Control (USA), Deutsche Bank
    Authors:
    Robert Clifton Burns
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    FDIC files suit against former directors of the Bank of Asheville
    2012-01-25

    On December 29, 2011, the FDIC filed suit against seven former directors of the Bank of Asheville in the Western District of North Carolina seeking to recover over $6.8 million in losses suffered by the bank prior to receivership.  All of the directors named as defendants were members of the bank’s Loan Committee, the committee responsible “for the amplification, implementation and administration of the loan policy” and “management of the lending function”.  The Complaint cites 30 specific commercial real estate and business loans approved by the defendants between June 26, 2007 a

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Federal Deposit Insurance Corporation (USA)
    Authors:
    John R. Bielema
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a Similar Client in an Out-of-Court Matter?
    2016-05-16

    Either from our prior posts here and here, or from the great posts from Stone and Baxter’s Plan Propon

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall , Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    In re Tousa highlights risks to lenders relying on after-acquired collateral and “savings clauses” in loan documents
    2010-03-29

    The recent case of In re Tousa, Inc. (Official Committee of Unsecured Creditors of Tousa, Inc., v. Citicorp North America, Inc., Adv. Pro. No. 08-1435-JKO (Bankr. S.D. Fla., October 13, 2009)) has attracted considerable attention – and dread – in the banking and legal communities.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Liquidation, Subsidiary, Title 11 of the US Code, Citigroup, United States bankruptcy court
    Authors:
    Eric E. Johnson
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Preference Defendants, Rejoice! Services Billed in a Lump Sum Can Be Allocated Per Diem, for Your New Value Defense
    2016-05-04

    Preference actions are, for the most part, insanity. We won’t go on a tirade here. But recently, a ruling brings common sense to the “new value” defense.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Un-Bankruptcy: A Texas Receivership as an Alternative to Bankruptcy (and fourteen ways to appoint a receiver in The Lone Star State)
    2016-04-11

    Creditors seeking to exercise control over a borrower or collateral may utilize a number of remedies. They may seek a foreclosure or UCC sale, assignment for the benefit of creditors, file an involuntary bankruptcy petition under Section 303 of the Bankruptcy Code (if they hold unsecured claims),[1] or, seek the appointment of a receiver.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Bradley J. Purcell
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    From Across the Pond - An Unsecured Creditor, Even with Contractual Rights Against the Secured Creditor, Cannot Enforce Common Law Duties on the Manner of Enforcement Against the Collateral
    2016-04-06

    Editor’s Note: Our good London colleague Ed Marlow recently published this as a Bryan Cave client advisory.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Ed Marlow
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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