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    Liquidated damages provisions in contract did not bear rational relationship to damages from breach of agreement
    2014-04-10

    Purcell brought a lawsuit seeking to recover $85,000 he had lent to Schweitzer.  The parties settled, agreeing that Schweitzer would pay the sum of $38,000, along with interest at the rate of 8.5 percent, in installments over 24 months to Purcell.  The agreement provided that if Schweitzer failed to pay on time, it would be a breach of the entire agreement and the original liability of $85,000 would be due.  The agreement also contained the following language:

    The liquidated damages provision does not constitute an unlawful "penalty" or "forfeiture." 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Liebert Cassidy Whitmore, Punitive damages, Breach of contract, Default judgment, Liquidated damages
    Location:
    USA
    Firm:
    Liebert Cassidy Whitmore
    Intellectual property licenses in bankruptcy
    2014-03-07

    What is IP in the Bankruptcy World?

    In bankruptcy, the intellectual property (IP) licenses are considered property of the bankruptcy estate, and a bankrupt party can do a variety of things with these licenses.  It is important for holders of IP licenses to know what the possibilities are.  But first, what exactly constitutes IP under the Bankruptcy Code?

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Breach of contract
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    In re Louisiana Riverboat Gaming P’ship
    2014-01-16

    In In re Louisiana Riverboat Gaming P’ship (Global Gaming Legends, LLC v. Legends Gaming of Louisana-1, LLC) (“Global Gaming”), the United States Bankruptcy Court for the Western District of Louisiana stayed discovery in an adversary proceeding pending decision on a party’s motion to withdraw the reference to the district court, finding too much risk that the bankruptcy court would later be found to be without authority to handle pre-trial discovery for the “Stern-governed” core claims at issue. Adv. Proc. No. 13AP-1007 (Bankr. W.D. La. Jan. 10, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Breach of contract, Discovery, Ninth Circuit, United States bankruptcy court
    Authors:
    Heather Byrd Asher
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Suit for misuse of investment funds does not allege act in performance of “mortgage broker services” within definition of “insured services”
    2013-10-08

    The United States District Court for the Northern District of Texas has held that underlying claims that the insureds misused investment funds intended for the purchase of nonperforming mortgages did not allege negligent acts, errors, or omissions in performing “mortgage broker services” within the policy’s definition of “Insured Services.”  Axis Surplus Ins. Co. v. Halo Asset Mgmt., LLC, 2013 WL 5416268 (N.D. Tex. Sept. 27, 2013).

    Filed under:
    USA, Texas, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Mortgage loan, Negligence
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Back to the future: appeals court lets bankruptcy court decide state law claims
    2013-08-26

    I. Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul Hastings LLP, Debtor, Breach of contract, Subject-matter jurisdiction, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Paul Hastings LLP
    Exit lenders accept distributions in contravention of credit agreement and are held liable for conversion
    2013-08-06

    Commercial Finance

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Blank Rome LLP, Credit (finance), Collateral (finance), Breach of contract
    Authors:
    Jason I. Miller
    Location:
    USA
    Firm:
    Blank Rome LLP
    Whither the bankruptcy courts? Will they wither? Supreme Court again to consider constitutional limits on bankruptcy court jurisdiction
    2013-08-02

    Two years ago in Stern v Marshall, the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final judgment on a counterclaim against a party who had filed a claim against a debtor’s bankruptcy estate, re-opened separation of powers issues that most bankruptcy practitioners had thought settled since the mid-1980s. While the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Breach of contract, Tortious interference, Article III US Constitution, Article I US Constitution, Ninth Circuit, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Controlling shareholder’s bankruptcy does not render entity insolvent; fraud claim uninsurable as a matter of law
    2013-04-09

    Applying Minnesota law, a federal district court has held that, where an entity’s principal shareholder was insolvent, but the entity was not, the individual’s insolvency could not be attributed to the entity for purposes of establishing Side A coverage for “Non-Indemnifiable Loss.” Zayed v. Arch Ins. Co., 2013 WL 1183952 (D. Minn. Mar. 20, 2013). The court further held that allegations of fraudulent inducement did not trigger an exclusion for claims “arising from” contractual liability, but that the claim was uninsurable as matter of law.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Shareholder, Breach of contract, Fraud
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Dissolved companies receive certainty on post-dissolution lawsuits
    2013-03-22

    The Illinois Supreme Court recently provided certainty to dissolving corporations with respect to the risk of facing a lawsuit even after it has long since dissolved. Illinois permits lawsuits against dissolved corporations for up to five years after the corporation has ceased to exist. The Supreme Court clarified that only those claims that have accrued prior to the corporation's dissolution (i.e., the injury occurred prior to dissolution) may be brought in that five-year period.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Breach of contract, Illinois Supreme Court
    Authors:
    Brian Caster
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Pledges by debtors to nonprofits may not be enforceable after bankruptcy
    2012-12-06

    Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing? A district court in Arizona recently held that St. Joseph's, a nonprofit hospital, did not have an enforceable claim in Bashas' Inc.'s bankruptcy for Bashas' $50,000 charitable pledge because of Bashas' bankruptcy. In re Bashas' Inc., 2012 WL 5289501 (D. Ariz. Oct. 25, 2012).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Breach of contract
    Authors:
    Marc E. Hirschfield , Marc Skapof , George Klidonas
    Location:
    USA
    Firm:
    BakerHostetler

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