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
    Law Enforcement Thwarts Sovereign Freeman
    2016-11-03

    Copyrighting their names, “signing” with red thumbprints – we’ve seen some unusual court filings from unique individuals. But one person has apparently gone too far.

    It can be incredibly frustrating for a lender when a borrower defaults on a loan and asserts frivolous defenses in response. A group of individuals who call themselves “sovereign citizens” or “sovereign freemen” often makes lawsuits quite tedious by refusing to recognize the authority of the courts or the government, or claiming that the loan is invalid because it is based on “vapor money.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Carlton Fields
    Authors:
    Naomi M. Berry
    Location:
    USA
    Firm:
    Carlton Fields
    Excalibur reinsurance corporation placed into liquidation
    2016-08-17

    Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds: (1) insolvency – Excalibur’s admitted assets did not exceed its liabilities plus the greater of its capital and required surplus or capital stock; (2) Excalibur’s total adjusted capital was less than its mandatory control level risk-based capital; and (3) Excalibur’s board of directors and sole shareholder consented to liquidation.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields, Liquidation
    Authors:
    Michael N. Wolgin
    Location:
    USA
    Firm:
    Carlton Fields
    Eleventh Circuit’s Liberal Reading of Bonner Mall a Game Changer for Class Actions?
    2016-07-29

    An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties’ conditioned settlement on vacatur of the orders. In Hartford Casualty Insurance Company v. Crum & Forster Specialty Insurance Company, after being ordered to mediation a second time by the appellate panel, the parties reached a settlement contingent on the district court’s vacating its orders on summary judgment and attorney’s fees.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Carlton Fields, Debtor, Class action, Vacated judgment, Ninth Circuit, Eleventh Circuit
    Authors:
    Ben V. Seessel
    Location:
    USA
    Firm:
    Carlton Fields
    Real Property & Title Insurance Update: Week Ending July 29, 2016
    2016-08-01

    REAL PROPERTY UPDATE

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Carlton Fields, Debtor, Mortgage loan, Foreclosure
    Location:
    USA
    Firm:
    Carlton Fields
    Recognition of Foreign Insolvency Proceedings under Chapter 15 of the Bankruptcy Code
    2016-06-11

    Chapter 15 of the U.S. Bankruptcy Code, 11 U.S.C. §§ 1501 et seq., provides the legal framework by which U.S. bankruptcy courts recognize foreign insolvency proceedings of companies that have assets and operations in more than one country. Congress added Chapter 15 to the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Like any new law, the application and limits of Chapter 15 are developing through jurisprudence.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Carlton Fields, Bankruptcy, Debtor, Consumer protection, UNCITRAL, US Code, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Stephanie E. Ambs
    Location:
    USA
    Firm:
    Carlton Fields
    Ninth Circuit affirms district court’s decision that bankruptcy court did not abuse its discretion in denying motion to compel arbitration
    2016-06-08

    This appeal is from an order by a district court in California, affirming a bankruptcy court’s denial of a motion to compel arbitration in a Chapter 7 bankruptcy trustee’s adversary proceeding, in which the trustee sought avoidance of fraudulent transfers.

    Filed under:
    USA, California, Arbitration & ADR, Insolvency & Restructuring, Litigation, Carlton Fields, Bankruptcy, Motion to compel, Ninth Circuit, United States bankruptcy court
    Authors:
    Jeanne M. Kohler
    Location:
    USA
    Firm:
    Carlton Fields
    Stripping of unsecured second mortgages in Chapter 7 bankruptcies in the crosshairs
    2015-03-25

    Since its 1989 opinion in Folendore v. Small Business Admin., the Eleventh Circuit Court of Appeals has allowed debtors to completely strip off and void wholly unsecured junior liens in Chapter 7 bankruptcies under Section 506(d) of the Bankruptcy Code. Complete lien stripping forever prevents creditors from seeking relief against a debtor’s collateral if it is underwater, even if the property value later increases. Since Chapter 7 debtors are also discharged of personal liability, subordinate debt is, in such cases, rendered worthless.

    That may soon change.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Carlton Fields, Bankruptcy, Debtor, Unsecured debt, Eleventh Circuit
    Authors:
    Christopher M. Paolini , Michael K. Winston
    Location:
    USA
    Firm:
    Carlton Fields
    Commonwealth Court of Pennsylvania approves reinsurance commutation agreement
    2014-10-28

    On September 4, 2014, the receivership court for the Reliance Insurance Company (“Reliance’) estate (the “Reliance Estate”) approved a settlement agreement allowing the Liquidator to terminate and commute the obligations between Odyssey and Reliance under the reinsurance agreements.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields, Commonwealth Court of Pennsylvania
    Authors:
    Kelly Cruz-Brown
    Location:
    USA
    Firm:
    Carlton Fields
    Southern Title Insurance Company declared insolvent and ordered liquidated
    2014-10-29

    In July of this year, the State Corporation Commission of the Commonwealth of Virginia issued an Order declaring Southern Title Insurance Company insolvent and ordering its liquidation.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields
    Authors:
    Catherine Salinas Acree
    Location:
    USA
    Firm:
    Carlton Fields
    Pennsylvania court affirms liquidator’s decision that a claim arising from a reinsurance policy is entitled to a lower payment priority
    2014-09-29

    A Pennsylvania appellate court has affirmed the liquidator’s determination that a group excess insurance policy issued by Reliance is a reinsurance policy and thereby entitled to a low level of priority of payment from the now insolvent Reliance estate. At issue was a claim by the Alabama Insurance Guaranty Association for reimbursement from the estate for a claim it had paid to a general contractors fund.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Carlton Fields, Reinsurance
    Authors:
    K. Renee Schimkat
    Location:
    USA
    Firm:
    Carlton Fields

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Next page ››
    • Last page Last »
    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