Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    United States Supreme Court to Decide Whether Recharacterization of Debt Should Be Decided by State or Federal Law
    2017-07-24

    On June 27, 2017, the United States Supreme Court granted the petition for writ of certiorari regarding the decision In re Province Grande Olde Liberty, LLC, 655 Fed.Appx. 971 (4th Cir. Aug. 12, 2016) to decide a circuit split on the applicable standard for debt recharacterization.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Bankruptcy, Debtor, Debt, Secured loan, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Kathleen A. Murphy , James D. Newell
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine
    2017-06-28

    On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those communications “at issue” by raising a good faith affirmative defense under 11 U.S.C. § 548(c) in response to a fraudulent transfer claim brought against it. Welch v. Regions Bank (In re Mongelluzzi), No. 8:14-ap-00653-CED (Bankr. M.D. Fla. May 8, 2017), ECF No. 319 (Delano, J.) (herein Mongelluzzi).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Federal Reporter, Work-product doctrine, Attorney-client privilege, Good faith, Prejudice, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Eleventh Circuit, US District Court for Middle District of Florida
    Authors:
    Frank Harrison , John D. Emmanuel
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Third-Party Injunction Precludes Securities Claims Against Alleged Madoff Co-Conspirators
    2017-06-29

    On January 24, 2017, victims of Bernard Madoff’s Ponzi scheme lost their appeal of a bankruptcy court decision barring them from suing an alleged Madoff co-conspirator because of a third-party injunction contained in a settlement between the alleged co-conspirator and the Trustee liquidating Madoff’s scheme. See A & G Goldman Partnership v. Capital Growth Company (In re Bernard L. Madoff Investment Securities LLC), 565 B.R. 510, 514-515 (S.D.N.Y. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Injunction, United States bankruptcy court
    Authors:
    Frank Harrison
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing
    2017-06-01

    In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals, in an en banc decision, held that, for purposes of confirmation of a plan of reorganization over a mortgagee’s objection, the value of the mortgagee’s secured claim was the value of the property as low income housing not the value the mortgagee would have received on foreclosure free of the low income housing restrictions.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buchanan Ingersoll & Rooney PC, Mortgage loan, Foreclosure, Affordable housing, Ninth Circuit, United States bankruptcy court
    Authors:
    William H. Schorling
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    The ABCs of Statutory Consumer Protection Liability
    2017-05-19

    The number of consumer claims filed since the Great Recession has skyrocketed. These claims include alleged violations of an “alphabet soup” of federal and state consumer protection statutes. These statutes allow prevailing plaintiffs to recover some combination of actual damages, statutory damages, and even attorney’s fees. They also present a minimal risk of liability for defense costs if the plaintiff does not prevail, which makes these types of claims enticing for plaintiffs’ attorneys.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Telecoms, Buchanan Ingersoll & Rooney PC, Consumer protection, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA), Fair Credit Reporting Act 1970 (USA)
    Authors:
    Scott Richards
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Ninth Circuit Holds That Cure Amount May Include Post-Default Rate of Interest
    2017-03-24

    In Pacifica L 51 LLC v. New Investments, Inc. (In re New Investments, Inc.), 840 F.3d 1137 (9th Cir. 2016), the Ninth Circuit Court of Appeals held that Section 1123(d) of the Bankruptcy Code provides that a cure amount may include a post-default rate of interest if the underlying loan documents and applicable non-bankruptcy law provide for the payment of post-default rate interest upon a default.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Default (finance), Ninth Circuit, United States bankruptcy court
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days