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    You’re only one illness away from bankruptcy: a discussion of healthcare reform and “medical bankruptcy”
    2010-03-31

    It has been reported that “medical bankruptcies” have been on the rise since 2001. There is no clear-cut definition for “medical bankruptcy,” but it has been summarily defined by the following terms:

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Bricker & Eckler LLP, Bankruptcy, Costs in English law, Debtor, Health insurance, Debt, Administrative law, US House Committee on Energy and Commerce, US House Committee on the Judiciary, Affordable Care Act 2010 (USA), US Code, Health Care and Education Reconciliation Act 2010 (USA)
    Authors:
    Andria M. Beckham
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Ohio Supreme Court rules on Ohio's Liquidation Act and payment of interest
    2010-10-07

    Full text of the Court's opinion

    In a 7-0 decision, the Ohio Supreme Court in Hudson v. Petrosurance, Inc., Slip Opinion No. 2010-Ohio-4505, held that the Ohio's Liquidation Act does not authorize the Superintendent of Insurance to pay interest to an insurer’s creditors and other preferred claimants on allowed claims before paying the funds remaining in the insolvent estate to the insurer's shareholders.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Bricker & Eckler LLP, Shareholder, Interest, Liquidation, Preferred stock, New York State Insurance Department, Ohio Supreme Court
    Authors:
    Miranda Motter
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Changing student-loan debt: cap yearly totals and revise bankruptcy code
    2014-10-21

    Skyrocketing college tuition costs are leaving consumers with greater student-loan debt, while bankruptcy code gives little protection to those struggling under it. Billionaire investor and entrepreneur Mark Cuban says “rising student loan debt is crushing the U.S. economy, preventing recent graduates from buying the things that normally stimulate the economy,” according to a recent Consumer Affairs article.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Bricker & Eckler LLP, Debt
    Authors:
    Jessica L. Branner
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Corporate compliance starts with good governance at the top
    2014-05-29

    Best practices are higher standards than those set by state law fiduciary duties, federal sentencing guidelines and a maze of other laws including:

    Filed under:
    USA, Capital Markets, Company & Commercial, Insolvency & Restructuring, Bricker & Eckler LLP, Security (finance), Fiduciary, Holding company, NASDAQ, New York Stock Exchange
    Authors:
    John P. Beavers
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Significant case finds that the duty of care requires directors to ask questions
    2013-06-21

    If you are, or have interest in becoming, a director of any organization, you should heed the May 17, 2013, decision in the United States District Court for the Western District of Pennsylvania in Official Comm. Of Unsecured Creditors ex rel. Lemington Home for the Aged, (the Lemington Home Case). The Lemington Home Case upheld a jury’s award to the plaintiff creditors’ committee of

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Corporate governance, Punitive damages, Duty of care
    Authors:
    John P. Beavers
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Toledo solar firms confident amid industry uncertainty
    2011-12-06

    Toledo solar firms First Solar Inc., Xunlight Corp., and Willard & Kelsey LLC are still confident their operations will survive despite predictions from the chief executive of China’s Trina Solar Ltd.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Bricker & Eckler LLP
    Authors:
    Christopher M. Montgomery
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Caesars Entertainment rolls dice on plan mediation - and loses
    2016-04-15

    Caesars Entertainment Operating Company Inc. and various related entities (“Caesars”) filed Chapter 11 bankruptcy cases in Chicago in 2015. The jointly administered cases have been highly contentious, involving high dollar disputes among Caesars and several committees appointed in the Chapter 11 cases. An Examiner was appointed to investigate possible claims related to a series of transactions by Caesars prior to the bankruptcy. All of the key parties in the Caesars cases are represented by large national and/or international law firms.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Media & Entertainment, Bricker & Eckler LLP, Mediation
    Authors:
    David M. Whittaker
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Lynn Swann could catch footballs…can he also catch a break?
    2015-09-01

    Former Pittsburgh Steeler wide receiver (and longtime Cleveland Browns nemesis) Lynn Swann may be on the receiving end of a big break. If not, he stands to lose millions of dollars.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Bricker & Eckler LLP
    Authors:
    Christopher M. Ernst
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Kentucky & Ohio laws regarding notary acknowledgments on mortgage deeds lead to different results in the 6th Circuit in mortgage avoidance actions
    2008-04-15

    In Kendrick v. Deutsche National Trust Company (In re Saint Clair), 380 B.R. 478 (B.A.P. 6th Cir. Jan. 16, 2008), the Chapter 7 Trustee appealed the decision of the United States Bankruptcy Court for the Eastern District of Kentucky to the Sixth Circuit Bankruptcy Appellate Panel (“BAP”). The issue on appeal was whether summary judgment was warranted against the Appellee-Mortgagor (“Mortgagor”) on the Appellant- Trustee’s (“Trustee”) complaint seeking to avoid a mortgage on the Debtors’ real property. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Fraud, Mortgage loan, Deed, Constructive notice, Direct action, Deutsche Bank, Trustee, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Sixth Circuit affirms the Bankruptcy Court in mortgage avoidance action
    2008-05-01

    In Geygan v. World Savings Bank, FSB, 2008 FED App. 0005P (6th Cir. B.A.P. Mar. 12, 2008), the Sixth Circuit BAP affirmed the bankruptcy court, holding that the mortgage’s certificate of acknowledgment, which included the phrase “witness my hand” next to the notary’s signature, did not comply with Ohio law, and that the Trustee was a bona fide purchaser pursuant to the U.S. Bankruptcy Code. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Debtor, Mortgage loan, Witness, Title 11 of the US Code, Trustee, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Bricker & Eckler LLP

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