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    Court Rules That Financed Residential Solar System Is a Consumer Good, Not a Fixture
    2024-03-11

    Whether a solar system is a “fixture” sounds like a mundane legal issue – but it has significant implications for the residential solar industry and for the financing of residential solar systems. If a system is regarded as a “fixture” of the house to which it is attached, then the enforceability and priority of the finance company’s lien on the system will be subject to applicable real estate law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Uniform Commercial Code (USA)
    Authors:
    Jay Bender , Monica Wilson , R. Aaron Chastain , Britney M. Crawford
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Check for Bankruptcies with Your Claimant - You Might Find Gold
    2023-10-25

    If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is to see if the claimant disclosed their lawsuit or administrative complaint in his or her bankruptcy petition. If not, you may have a successful estoppel argument.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Equal Employment Opportunity Commission (USA)
    Authors:
    Keith S. Anderson , Matthew C. Lonergan
    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
    Authors:
    James Blake Bailey , Joshua A. Lesser
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Last Dance with Mary Jane? Faltering Cannabis Businesses May Have a Bankruptcy Option in Addition to State Law Remedies
    2023-03-27

    For at least the past decade, federal bankruptcy courts have routinely prohibited cannabis businesses from seeking protection under federal bankruptcy law, regardless of whether a cannabis business is legally operating under state law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Bankruptcy, Medical cannabis, Cannabis, Supply chain, Controlled Substances Act (USA)
    Authors:
    Jason Fortenberry , Slates C. Veazey
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program
    2023-01-25

    The Director of the Justice Department’s U.S. Trustee Program (USTP), which oversees the administration of bankruptcy cases, is about to change for the first time in nearly 20 years. Clifford White will be stepping down from the role and consumer advocate Tara Twomey will be taking up the mantle.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Authors:
    Christian W. Hancock , Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V
    2022-06-13

    As discussed in prior posts and articles (here, here and

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, US Congress, Fourth Circuit
    Authors:
    William L. Norton , James Blake Bailey
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Bradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy
    2022-01-04

    The automatic stay is a procedural tool in a bankruptcy case that effectively halts efforts by creditors to collect on a debtor’s outstanding obligations. As discussed in more detail in our prior post, immediately upon the filing of a bankruptcy petition, a “bankruptcy estate” is created, which includes virtually all assets of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP, Bankruptcy
    Authors:
    Aaron M. Johnson
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Does Bankruptcy Rule 3002.1’s Remedy Provision Apply for Filings with Inaccurate Information?
    2021-12-28

    Federal Rule of Bankruptcy Rule 3002.1 went into effect December 1, 2011. It was implemented to address a perceived problem in “cure and maintain” Chapter 13 cases (cases in which the debtor cures any pre-petition arrearage and maintains monthly post-petition payments on long-term loans) – that mortgage creditors were not providing the debtor with notice of post-petition payment changes and fees assessed post-petition, causing debtors to often exit a successful Chapter 13 with a delinquent loan.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Bankruptcy
    Authors:
    Glenn E. Glover
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?
    2021-12-14

    Many creditors have been warned of the need to halt collection efforts once they are put on notice that a debtor has filed for bankruptcy. However, the “why” behind this warning, mainly the automatic stay, is often misunderstood or disregarded. Since violations of the automatic stay can have serious ramifications, it is crucial that creditors know what the automatic stay is, what it protects, and how to get relief from the stay so that the creditor can proceed with collection efforts.

    What Is the Automatic Stay? What Does It Protect?

    Filed under:
    USA, Insolvency & Restructuring, Bradley Arant Boult Cummings LLP
    Authors:
    Anna-Bryce Hobson
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    The Availability of Sanctions Under Bankruptcy Rule 3002.1 for Noncompliance - the Second Circuit’s Decision in In re Gravel
    2021-12-13

    The Second Circuit’s August 2021 decision in In re Gravel, 6 F. 4th 503, has already received considerable attention and generated much debate over the last few months.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Authors:
    Glenn E. Glover
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP

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