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    Motion to dismiss claims against former officers and directors denied
    2007-04-06

    The District Court sustained claims of breach of fiduciary duty, fraud and deepening insolvency asserted by the successor-in-interest to the Committee of Unsecured Creditors of DVI, a defunct company, against DVI’s former officers and directors.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Breach of contract, Fraud, Fiduciary, Board of directors, Interest, Credit risk, Misrepresentation, Good faith, Business judgement rule, US Securities and Exchange Commission, Westlaw
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Superstorm Hurricane Sandy's impact upon business & retailers - bankruptcy and alternatives
    2013-03-05

    In the wake of Hurricane Sandy many businesses have been negatively impacted financially throughout regions from Connecticut, New York, New Jersey, Pennsylvania and Delaware.  Hardest hit are businesses located not only along the New Jersey, Staten Island and  Long Island  NY  coasts but in areas  that  have never experienced such a devastating disaster.  Areas  such as  Hoboken NJ,lower Manhattan and the NYC  East Side.  Even  businesses  located in inland  communit

    Filed under:
    USA, Connecticut, Delaware, New Jersey, New York, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Retail
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Consumer Financial Protection Bureau Issues Final Rule Implementing Fair Debt Collection Practices Act
    2020-11-10

    Alerts and Updates

    The rule becomes effective one year after it is published in the Federal Register.

    On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule revising Regulation F, 12 CFR part 1006, which implements the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    Covid-19 pandemic and bankruptcies in Mexico
    2020-08-17

    Due to the COVID-19 pandemic, Mexican courts were closed for the past few months and only received urgent cases.

    The COVID-19 pandemic has had a negative impact on the Mexican economy. As a result, Mexican courts have seen a rise in insolvency cases, which are not as common in Mexico compared to other jurisdictions, such as the United States. The rise of insolvency cases imposes new challenges to Mexican courts and Mexico’s laws.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Coronavirus
    Location:
    Mexico, USA
    Firm:
    Duane Morris LLP
    Commencement of Singapore's Insolvency, Restructuring and Dissolution Act 2018
    2020-08-07

    Nearly two years after it was first passed in Parliament on 1 October 2018, the Insolvency, Restructuring and Dissolution Act (“IRDA”) has now come into operation on 30 July 2020. The IRDA not only unifies Singapore’s legislation in relation to personal and corporate insolvency and debt restructuring, but also introduces significant changes to the present regime.

    In this update, we will highlight nine key changes of the new provisions of the IRDA.

    1. Restriction of Ipso Facto Clauses in Insolvency/Restructuring Proceedings

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Coronavirus
    Location:
    Singapore
    Firm:
    Duane Morris LLP
    Court: New Value Need Not Remain Unpaid to Limit Preference Liability
    2018-10-04

    In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced by the amount of new value given, regardless of whether that new value has already been repaid by the debtor before its bankruptcy filing.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP
    Authors:
    Rudolph J. Di Massa, Jr. , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    Filing Stale Proof of Claim in Bankruptcy Does Not Violate the Fair Debt Collection Practices Act
    2017-05-19

    This decision is significant to debt collectors and debt buyers who, according to the dissent, “have ‘deluge[d]’ the bankruptcy courts with claims ‘on debts deemed unenforceable under state statutes of limitations.’”

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    Nominee Director: No Breach of Director Duties
    2017-02-07

    Selvam LLC, the Singapore Law Practice of Duane Morris & Selvam LLP, recently succeeded in securing the dismissal of a suit brought by a liquidator in the High Court of Singapore against a defendant director in Prima Bulkship Pte Ltd (In Creditors’ Voluntary Liquidation) and Another v Lim Say Wan And Another [2016] SGHC 283.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Liquidation, Singapore High Court
    Location:
    Singapore
    Firm:
    Duane Morris LLP
    Singapore Unveils New Proposed Debt Restructuring Legislation
    2016-12-16

    Singapore’s Ministry of Law has unveiled proposed amendments to the Singapore Companies Act to be made in 2017 to strengthen Singapore as an International Centre for Debt Restructuring (“the proposed amendments”). The Ministry of Law released the proposed amendments for public consultation from 21 October 2016 to 2 December 2016.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Debt restructuring
    Authors:
    Tham Wei Chern
    Location:
    Singapore
    Firm:
    Duane Morris LLP
    Personnel files and documents relating to "hand-picked" directors ruled discoverable in breach of fiduciary duty action against private equity firm
    2015-11-23

    A Delaware bankruptcy judge recently ruled that information concerning the compensation and performance of “hand-picked” directors of a private equity firm’s portfolio company was discoverable in an action for breach of fiduciary duty against the private equity firm.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Fiduciary, Discovery
    Authors:
    Paul D. Moore , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP

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