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    The year 2010 in review: contractor licensing
    2011-03-16

    1 Loranger v Jones, 184 Cal App 4th 847 (3d Dist May 2010)

    Jones, a licensed contractor, had a workers' compensation policy covering his employees. Jones unknowingly used an unlicensed subcontractor and knowingly permitted two minors without work permits, and another person without a contractor's license, to help perform work for Loranger. Loranger refused to pay the final invoice and Jones filed suit for breach of contract. Loranger cross-complained alleging defects and sought disgorgement of monies paid.  

    Filed under:
    USA, Construction, Employment & Labor, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, General contractor, Breach of contract, Fraud, Federal Reporter, Copyright infringement, Debt, Personal property, Subcontractor, Negligence, Liquidation, Court of Appeal of England & Wales, Ninth Circuit, United States bankruptcy court
    Authors:
    Candace L. Matson , Harold E. Hamersmith
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Indiana late wage penalties are not debts "for services" under NY law
    2011-03-15

    WHITELY v. MORAVEC (February 16, 2011)

    Filed under:
    USA, New York, Employment & Labor, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Wage, Bankruptcy, Shareholder, Employee Retirement Income Security Act 1974 (USA), Debt, Joint and several liability, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Jumping on the bandwagon
    2011-03-11

    The Executive Office of the United States Trustee, part of the Department of Justice, has embarked on an initiative to investigate bankruptcy-related practices of the major mortgage servicers. The United States Trustees have not identified any authority to conduct an investigation beyond specific matters pertaining to individual debtors or their estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Debtor, Testimony, Mortgage loan, US Department of Justice, Trustee
    Authors:
    Michael Agoglia , Nancy R. Thomas
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    The TOUSA case - not a fraudulent conveyance
    2011-03-21

    By now many of you will have heard about the recent decisions in the TOUSA (pdf) bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud, Margin (finance), Intangible asset, Conveyancing, Default (finance), Subsidiary, Parent company, Right to property, United States bankruptcy court
    Authors:
    Susan C. Alker
    Location:
    USA
    Firm:
    Reed Smith LLP
    TOUSA overturned; district court rejects narrow definition of ‘equivalent value’; rejects finding of lenders’ bad faith
    2011-03-22

    In re TOUSA, Inc., Nos. 10-60017-CIV/Gold, 10- 61478, 10-62032, 10-62035, and 10-62037 Slip Op. (S.D. Fla. Feb. 11, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bond (finance), Bankruptcy, Surety, Unsecured debt, Collateral (finance), Market liquidity, Debt, Joint venture, Bad faith, Default (finance), Joint and several liability, Subsidiary, Title 11 of the US Code, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    State bankruptcy filings – the pros and cons of allowing states to file for bankruptcy (like municipalities) or 'speak softly and carry a big stick'
    2011-03-21

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 12 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, Bond (finance), Bankruptcy, Debtor, Option (finance), Debt, Credit rating, Municipal bond, US Constitution, United States bankruptcy court
    Authors:
    J. Gregg Miller , Nina M. Varughese , Leon R. Barson
    Location:
    USA
    Firm:
    Troutman Pepper
    Assigned bankruptcy claims included right to collect cure amount
    2011-03-21

    REGEN CAPITAL I, INC. v. UAL CORP. (February 18, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Precondition, Default (finance), United Airlines, AT&T, Indian National Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Trustee in Sunset Aviation commences preference actions
    2011-03-21

    Background

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Legal personality, Liquidation, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the Harry & David bankruptcy
    2011-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Costs in English law, Retail, Debt, Direct marketing, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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