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    Losing at dodge ball: understanding the Supreme Court’s implied authorization of consent in Executive Benefits Insurance Agancy v. Arkinson and why revision of 28 U.S.C. § 157(b) is critical for clarity
    2015-02-09

    On June 9, 2014, the U.S. Supreme Court issued the latest installmentin the jurisdictional saga of bankruptcy courts. As the highly anticipatedsequel to Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Bankruptcy 101 for intellectual property licenses
    2013-03-05

    Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume the contract. However, non-debtor parties (or “counterparties”) enjoy some protections, especially when the contract is a license agreement for intellectual property.

    The basics.

    Filed under:
    USA, Insolvency & Restructuring, Trademarks, Bradley Arant Boult Cummings LLP, Bankruptcy, Debtor, Default (finance)
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Bankruptcy Proof of Claim form gets a makeover
    2015-11-30

    Several of the Official Bankruptcy Forms will be replaced on December 1, 2015. For creditors, the most notable changes will be to two forms: the Proof of Claim form, Form 410, and the Mortgage Proof of Claim Attachment, Form 410A. These changes reflect an effort by the Bankruptcy Courts to elicit a clear and complete picture of what the debtor owes and how much must be paid to cure a pre-bankruptcy arrearage. Due to the Bankruptcy Court’s focus on clarity, creditors are well advised to closely follow the claim forms and accompanying instructions.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, Bradley Arant Boult Cummings LLP, Bankruptcy
    Authors:
    Erin Jane Illman
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Indiana court weighs in deficiency judgments
    2015-11-18

    The Indiana Court of Appeals recently held that creditors must move for an in personam remedy in the original foreclosure judgment or forfeit their right to collect deficiency funds. In Elliott v. Dyck O’Neal, the bank foreclosed upon a borrower’s residence, and sought judgment against the borrowers for the full amount of the outstanding balance in the complaint. The motion for default judgment, and accompanying order, however, only sought an order in rem for the outstanding debt—omitting any mention of an in personam remedy.

    Filed under:
    USA, Indiana, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Default judgment, Indiana Court of Appeals
    Authors:
    Avery Simmons
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Our customer has filed bankruptcy but demands that we continue to extend trade credit! Are we obligated to do so?
    2015-08-11

    Trade creditors often face the issue of whether they are required to continue providing goods or services on credit to a customer that has filed chapter 11 bankruptcy. Unfortunately, the Bankruptcy Code fails to specifically address the rights and obligations of a trade creditor facing this dilemma, resulting in a tug-of-war created by the debtor’s need for continued goods and services and the creditor’s need for assurance of payment.

    Filed under:
    USA, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Debtor, Title 11 of the US Code
    Authors:
    T. Parker Griffin, Jr.
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    What General Counsel should know when a company's tenant files for bankruptcy
    2015-07-31

    Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1) reject the lease or 2) assume the lease, provided that the debtor can cure any defaults existing under the lease. Additionally, the debtor may have the right to assume and assign the lease to a third party.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Bradley Arant Boult Cummings LLP, Bankruptcy, Debtor, Landlord, Leasehold estate
    Authors:
    Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Video interview: discussing Bank of America v. Caulkett, Supreme Court ruling survives bankruptcy
    2015-06-15

    Following up on our coverage in the recent U.S. Supreme Court ruling that a debtor in a Chapter 7 case cannot ‘strip off’ or void a wholly unsecured junior mortgage under section 506(d) of the Bankruptcy Code, I had the opportunity to discuss the ruling with Colin O’Keefe of LXBN TV.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Debtor, Bank of America
    Authors:
    Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Chapter 7 debtors cannot strip off junior liens on underwater home loans, United States Supreme Court rules
    2015-06-01

    This morning, the United States Supreme Court ruled that debtors in Chapter 7 bankruptcy cases cannot “strip off,” or completely void, junior mortgages that—based on the value of the property and the amount of claims secured by senior mortgages—are completely underwater.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Debtor, Mortgage loan, Supreme Court of the United States
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Seventh Circuit says secured creditors must file proof of claim within ninety days of meeting of creditors
    2015-05-28

    Timely proof of claim filings by secured creditors have “been a thorn in the side of many Chapter 13 cases involving secured creditors,” according to Judge Wood in In re Pajian. However, a recent Seventh Circuit decision may cause the industry to revise their current process for proof of claim filings. Bankruptcy Rule 3002(c) requires creditors to file proofs of claim within 90 days of the date set for the meeting of creditors. Bankruptcy courts have come to conflicting conclusions on whether Rule 3002(c)’s deadline applies to all creditors or merely unsecured ones.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Secured creditor, Seventh Circuit
    Authors:
    Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy
    2024-04-29

    In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a party from asserting certain indemnification counterclaims against a plan trustee because the party did not file a proof of claim.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP

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