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    Fifth Circuit interprets Congressional amendments to the definition of a “SARE” narrowly
    2008-04-25

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Consumer protection, Interest, Limited liability company, Foreclosure, Secured loan, US Congress, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    West Virginia bankruptcy courts split on whether 910 auto loans are entitled to interest
    2008-04-02

    One of the significant changes brought about by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") was the treatment of loans secured by automobiles in Chapter 13 cases. Prior to BAPCPA, debtors were permitted to "cram down" the secured portions of automobile loans to the fair market value of the collateral. This often resulted in significant reductions to claims secured by automobiles.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Consumer protection, Unsecured debt, Collateral (finance), Interest, Credit risk, Fair market value, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Is getting US recognition of an off-shore fund insolvency proceeding now almost impossible?
    2008-07-14

    The November/December 2007 issue of Insolvency Notes featured an article highlighting a Manhattan-based federal bankruptcy court's refusal to officially recognize proceedings commenced in the Cayman Islands to liquidate two Bear Stearns-managed hedge funds that collapsed in June of that year.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, White & Case, Bankruptcy, Debtor, Consumer protection, Limited liability company, Hedge funds, Liquidation, Comity, Liquidator (law), Facebook, Bear Stearns, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case
    FTC hosts workshop on consumer protection and the debt settlement industry: participants urge more industry regulation and transparency; calls for elimination of high upfront fees; industry responds
    2008-09-30

    On September 25, 2008 in Washington, D.C., the Federal Trade Commission (“FTC”) held an all-day workshop, entitled “Consumer Protection and the Debt Settlement Industry,” to explore growth in the for-profit debt settlement industry and to examine its impact on consumers and businesses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Venable LLP, Credit (finance), Consumer protection, Advertising, Marketing, Debt, Debt relief, Credit score, Federal Trade Commission (USA), American Bankers Association, Code of Federal Regulations
    Location:
    USA
    Firm:
    Venable LLP
    Bankruptcy filings on the rise as bankruptcy reform approaches third anniversary
    2008-10-20

    October 17, 2008 marked the third anniversary of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"). This sweeping bankruptcy reform was designed to eliminate bankruptcy as an option for many would-be filers. While there is no doubt BAPCPA impacted bankruptcy filings both nationally and in West Virginia, recent trends suggest filings are on the rise and could reach pre-BAPCPA levels in the foreseeable future.

    The 2005 Boom

    Filed under:
    USA, West Virginia, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Consumer protection, Economy, United States bankruptcy court
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Executive compensation in bankruptcy
    2008-10-17

    The recent downturn in the financial sector and related bankruptcy filings have shed light on issues involving executive compensation, particularly in chapter 11 cases. Specifically, bankrupt companies often have paid substantial bonuses to executives prior to filing for bankruptcy protection and desire to retain those executives throughout the bankruptcy process through additional bonus payments and similar schemes. These types of payments have been criticized as giveaways to management.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Executive compensation, Business judgement rule, Benchmarking, Severance package, Chief executive officer, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    EOUST issues debtor education notice of proposed rulemaking
    2008-11-15

    On Friday, November 14, 2008, the Executive Office for United States Trustees ("EOUST") issued for public comment a notice of proposed rulemaking setting forth procedures and criteria U.S. Trustees will use when considering applicants seeking to become approved providers of a personal financial management instructional course (the "Proposed Rule"). Comments are due by January 13, 2009.

    Summary of Key Aspects of the Proposed Rule

    Filed under:
    USA, Insolvency & Restructuring, Venable LLP, Bankruptcy, Debtor, Consumer protection, Waiver, Marketing, Federal Register, Debt, Education, Internal Revenue Service (USA), Federal Trade Commission (USA), US Code, Trustee
    Location:
    USA
    Firm:
    Venable LLP
    House Judiciary Committee holds hearing on mortgage modification in bankruptcy
    2009-01-23

    Yesterday, the House Judiciary Committee held a hearing to discuss two proposed bills, H.R. 200, the “Helping Families Save Their Homes in Bankruptcy Act of 2009” and H.R. 225, the “Emergency Homeownership and Equity Protection Act", that would allow bankruptcy judges to modify the terms of certain mortgages on principal homes during bankruptcy proceedings. H.R.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Mortgage loan, Foreclosure, Good faith, US Senate, US House of Representatives, US House Committee on the Judiciary, Citigroup, Citibank, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Cross-border distressed M&A: S. 363 sales in Chapter 15 cases
    2009-04-09

    During the present downturn in the U.S. economy, opportunities exist for investors in global distressed asset markets. Purchasers and sellers involved in these markets should be aware of the various mechanisms that are available to transfer assets of distressed companies. Historically, asset sales under s. 363 of the Bankruptcy Code1 have proven to be cheaper and faster than purchasing distressed assets through a Chapter 11 reorganization. Recent cases have shown that s.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Torys LLP, Bankruptcy, Legal personality, Debtor, Consumer protection, Distressed securities, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Alison D. Bauer
    Location:
    USA
    Firm:
    Torys LLP
    Chapter 15 in practice: bankruptcy court lacks jurisdiction to adjudicate avoidance actions in chapter 15 under U.S. or foreign law
    2009-04-02

    April 17, 2009, will mark the three-and-one-half-year anniversary of the effective date of chapter 15 of the Bankruptcy Code, which was enacted as part of the comprehensive bankruptcy reforms implemented under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

    Filed under:
    USA, Mississippi, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Consumer protection, Injunction, Interest, Liquidation, Subject-matter jurisdiction, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark G. Douglas , Pedro A. Jimenez
    Location:
    USA
    Firm:
    Jones Day

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