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    Discharge injunction does not bar known creditor who did not receive adequate notice of bar date or confirmed plan
    2008-10-31

    In In re Arch Wireless,1 the United States Court of Appeals for the First Circuit held that a creditor who asserted claims against the debtor in various correspondence between the parties was a “known” claimant of the debtor’s estate entitled to direct notice of the bar date by which it must file a proof of claim. The Court of Appeals concluded that publication notice was insufficient to inform the creditor of the bar date or of the terms of the confirmed plan, even though the creditor was generally aware of the debtor’s bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Due process, Contempt of court, Constructive notice, Title 11 of the US Code, United States bankruptcy court, First Circuit, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    New restrictions on creditors’ rights exclusions in title insurance policies
    2010-02-12

    Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country. Title companies have recently stated that they will no longer delete creditors’ rights exclusions from, or add affirmative creditors’ rights coverage as an endorsement to, any of their issued title policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fraud, Interest, Debt, Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Eric E. Johnson , Dena M. Cruz
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The Fifth Circuit Reminds Buyers To Beware Of Buying “Deemed Rejected” Contracts
    2018-12-05

    The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets. A trustee’s failure to conduct a sufficient and timely examination may deprive the estate of significant value.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Squire Patton Boggs, Bankruptcy, Patent infringement, Breach of contract, Constructive notice, Fifth Circuit, Trustee
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Third Circuit questions ability of bankruptcy proceedings to discharge tort claims for latent disease
    2014-05-29

    Earlier this week, the Third Circuit affirmed a federal bankruptcy court’s dismissal of a mesothelioma claim against a bankrupt oil company that arose as an adversary proceeding fifteen years after the bankruptcy plan was confirmed and discharged all outstanding claims.  The Circuit held that because the parties conceded the claim arose at the time of the victim’s asbestos exposure, which pre-dated the defendant’s bankruptcy, a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Constructive notice, Bankruptcy discharge, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    New restrictions on creditors’ rights exclusions in title insurance policies
    2010-02-12

    Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country. Title companies have recently stated that they will no longer delete creditors’ rights exclusions from, or add affirmative creditors’ rights coverage as an endorsement to, any of their issued title policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fraud, Interest, Debt, Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Eric E. Johnson
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    6th Cir. BAP Holds Constructive Notice Did Not Bar Bankruptcy Trustee’s Challenge to Defectively Executed Mortgage
    2018-02-28

    The Bankruptcy Appellate Panel of the Sixth Circuit recently held that the constructive notice provisions of section 1301.401 of the Ohio Revised Code do not limit a bankruptcy trustee’s avoidance powers as a hypothetical judgment lien creditor under section 544(a)(1) of the federal Bankruptcy Code.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Constructive notice, Sixth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Supreme Court Rules Defectively Executed Mortgage Still Provides Constructive Notice
    2016-03-09

    The Supreme Court of Ohio recently held that a mortgage defectively executed but properly recorded still provides constructive notice of its contents.

    A copy of the opinion is available at:  Link to Opinion.

    The borrowers executed a promissory note and a mortgage.  The notary acknowledgment on the mortgage was left blank.  The mortgage was recorded with the notary section incomplete. The mortgage was later assigned.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Constructive notice, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Discharge injunction does not bar known creditor who did not receive adequate notice of bar date or confirmed plan
    2008-10-31

    In In re Arch Wireless,1 the United States Court of Appeals for the First Circuit held that a creditor who asserted claims against the debtor in various correspondence between the parties was a “known” claimant of the debtor’s estate entitled to direct notice of the bar date by which it must file a proof of claim. The Court of Appeals concluded that publication notice was insufficient to inform the creditor of the bar date or of the terms of the confirmed plan, even though the creditor was generally aware of the debtor’s bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Due process, Contempt of court, Constructive notice, Title 11 of the US Code, United States bankruptcy court, First Circuit, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Strong arm powers: for want of an “s” the mortgage was lost
    2014-07-22

    Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe), 510 B.R. 154 (Bankr. S.D. Ohio 2013) –

    A chapter 7 trustee successfully sought to avoid a mortgage using his “strong arm” powers on the basis that the mortgage was not properly acknowledged. Once again a mortgagee paid dearly for sloppy execution of a document.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper

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