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    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
    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
    Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
    2017-12-04

    The Bankruptcy Protector

    Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: theJevic Files. As promised, we have published intermittent updates identifying cases where Jevic priority skipping issues are raised and adjudicated.

    In this post, we attempt to provide a succinct summary of all cases decided post-Jevic.

    How Courts Are Applying Jevic

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), SCOTUS
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Creditors Have Less Time to File Claims under Amendment to Rule 3002
    2017-11-28

    Creditors should take note that the deadline for filing a proof of claim has changed in bankruptcy cases filed under chapter 7, chapter 12 or chapter 13. As of December 1, 2017, a proof of claim ordinarily must be filed not later than 70 days after the bankruptcy case is filed if the case is voluntarily filed under one of these chapters. The change in deadlines is one of many recent changes to the Federal Rules of Bankruptcy Procedure.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Debtor
    Authors:
    Gregory M. Taube
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    What Lenders Need to Know About Interest Payments on Claims in Bankruptcy
    2017-11-06

    How realistic is it for creditors to anticipate receiving interest on their claims in bankruptcy? The answer depends on whether the claim is secured or unsecured, whether interest is claimed for the period before or after the bankruptcy filing, and whether the debtor is solvent or insolvent, to name just a few considerations.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Interest
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Attorneys’ Fees Alone — Without Actual Damages or Ongoing Stay Violation — Do Not Warrant Sanctions for Violations of the Automatic Stay
    2016-11-16

    A debtor cannot recover sanctions or attorneys’ fees under 11 U.S.C. § 362(k) when the debtor admits to having suffered no actual damages and the filing of a motion for sanctions was not necessary to remedy a stay violation.[1] Denying the debtor’s motion for sanctions, the U.S.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Law Firm Management, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Recovery from a Member’s Interest in an LLC
    2022-03-21

    The Bankruptcy Protector

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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