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    Mortgage Express v Countrywide Surveyors Ltd [2016] EWHC 1830 (Ch)
    2016-08-03

    The Claim

    In an earlier Judgment the Court at first instance ruled that Countrywide Surveyors Limited (the “Defendant”) was liable in deceit to Mortgage Express (the “Claimant”), in relation to 39 loans, further to property valuations produced by the Defendant.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Rosling King LLP, Libor, Interest, Mortgage loan, Compound interest
    Authors:
    Georgina Squire
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    Supreme Court of North Dakota finds that simple interest, rather than compound interest, is appropriate under the North Dakota unpaid royalties statute. Van Sickle v. Hallmark & Assoc., Inc., 2013 ND 218 (N.D. 2013)
    2014-02-11

    In Van Sickle, the plaintiffs each owned a royalty interest in a well that was originally leased by Comanche Oil Company, which later assigned its interests to Athens/Alpha Gas Corporation. Alpha later filed for reorganization under Chapter 11 of the bankruptcy code, and the plan was approved without inclusion of the Van Sickles' claims. The Van Sickles sought to hold both companies liable under the doctrine of successor liability for pre-bankruptcy-court-confirmation royalties under the N.D.C.C. § 47-16-39.1, which provides in part:

    Filed under:
    USA, North Dakota, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Stinson LLP, Royalty payment, Interest, Compound interest
    Location:
    USA
    Firm:
    Stinson LLP
    Compound interest on Ohio judgments based on loan documents
    2013-04-22

    On the somewhat unusual occasions when your judgment debtor has assets, the question turns to how do I maximize my judgment and collect every penny legitimately owed to my client?  Here are some thoughts:

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Interest, Accrued interest, Compound interest
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Tale of foreclosure and bankruptcy
    2011-09-30

    FILING CHAPTER 13

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Interest, Mortgage loan, Foreclosure, Secured loan, Compound interest, Title 11 of the US Code
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Oversecured lender awarded post-petition interest at contractual default rate plus compounded interest
    2008-01-23

    The United States Bankruptcy Court for the Southern District of New York recently awarded an oversecured lender post-petition interest on the full amount of its secured claim at the default rate set forth in the lender’s contract (19%) plus compound (PIK) interest up to the aggregate rate of 25% (the maximum rate allowable under New York State usury laws). In re Urban Communicators PCS Limited Partnership, et al., 2007 Bankr. LEXIS 4062 (Bankr. S.D.N.Y. 12/11/07) (Gerber, B.J.).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Collateral (finance), Interest, Federal Reporter, Default (finance), Accrued interest, Secured loan, Compound interest, Federal Communications Commission (USA), United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Urban Communicators ruling overturned: secured lenders entitled to presumption of post-petition interest at contract rates
    2009-01-30

    In the March 2008 issue, we discussed a decision from the In re Urban Communicators PCS, Ltd. Partnership1 case. In that decision, the United States Bankruptcy Court for the Southern District of New York held that under section 506(b) of the Bankruptcy Code, the Bankruptcy Court could limit the rate of postpetition interest to be paid to an over-secured creditor to an amount less than the contract interest rate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Unsecured debt, Interest, Consideration, Debt, Default (finance), Secured creditor, Prejudice, Compound interest, Federal Communications Commission (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Pension plan termination premium claims may not be dischargeable in bankruptcy
    2009-12-21

    The Supreme Court declines to review a circuit court decision in Oneida Ltd., which held that a debtor cannot discharge in bankruptcy, as a prepetition claim, premiums it owes to the Pension Benefit Guaranty Corporation in connection with the termination of a pension plan.

    Introduction

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Defined benefit pension plan, Bankruptcy discharge, Compound interest, Pension Benefit Guaranty Corporation, US Code, Title 11 of the US Code, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Circuit court
    Authors:
    Sharon L. Levine , Christine Osvald-Mruz , Wojciech F. Jung
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Urban Communicators ruling overturned: secured lenders entitled to presumption of post-petition interest at contract rates
    2009-01-30

    In the March 2008 issue, we discussed a decision from the In re Urban Communicators PCS, Ltd. Partnership1 case. In that decision, the United States Bankruptcy Court for the Southern District of New York held that under section 506(b) of the Bankruptcy Code, the Bankruptcy Court could limit the rate of postpetition interest to be paid to an over-secured creditor to an amount less than the contract interest rate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Unsecured debt, Interest, Consideration, Debt, Default (finance), Secured creditor, Prejudice, Compound interest, Title 11 of the US Code, Federal Communications Commission (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
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