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    Supreme People’s Court opines on the proper adjudication of enterprise bankruptcy cases amidst the global financial crisis
    2009-06-30

    Throughout the global economic meltdown, the number of bankruptcy cases in China has risen considerably. To shed light on bankruptcy proceedings and stabilize the domestic economy, the Supreme People’s Court of the PRC issued Opinions on Several Issues Regarding the Proper Adjudication of Enterprise Bankruptcy Cases to Provide a Judicial Safeguard for Maintaining Order in the Market Economy on June 12, 2009. The Opinions direct courts at all levels to properly apply the Enterprise Bankruptcy Law (EBL) to assist insolvent enterprises, maintain market order, and stabilize the economy.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Hogan Lovells, Credit history, Bankruptcy, Debtor, Debt, Liquidation, Compensation and benefits
    Location:
    China
    Firm:
    Hogan Lovells
    Expanding the Defense of Ordinary Course and Widening the Range of Acceptable Payments During the Historical Period
    2016-07-18

    The Seventh Circuit Court of Appeals in Unsecured Creditors Committee of Sparrer Sausage Co., Inc. v. Jason’s Foods, Inc., 2016 WL 3213090 (7th Cir. June 10, 2016) expanded the scope of the ordinary course defense in a bankruptcy preference action.  This case provides an excellent road map for a creditors’ rights attorney defending a preference suit and suggests arguments for increasing the payments a creditor can retain even if those payments were made during the 90-day preference period.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Credit history, Bankruptcy, Debtor, United States bankruptcy court, Seventh Circuit
    Authors:
    Walter Reynolds
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Credit reporting and bankruptcy: is your post-discharge credit reporting inviting trouble?
    2010-11-15

    In difficult economic times, debtors’ attorneys closely review credit reports looking for potential legal claims against creditors. Long after a debtor has been discharged from bankruptcy, creditors can find themselves defending claims of improper credit reporting. A recent case from the Eastern District of North Carolina illustrates the trouble facing creditors who furnish incorrect reports of discharged debt. See In re Adams (Bankr. E.D.N.C. 2010).

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Credit history, Punitive damages, Bankruptcy, Credit (finance), Debtor, Injunction, Debt, Mortgage loan, Foreclosure, Contempt of court, Refinancing, Credit score, Bankruptcy discharge, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Trustee, United States bankruptcy court
    Authors:
    Diane P. Furr , Lisa P. Sumner
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    Applicant's prior bankruptcy permissible basis for refusal to hire in U.S. Third Circuit
    2010-12-28

    The United States Bankruptcy Code prohibits an employer from taking adverse action against an existing employee because of a bankruptcy filing.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit history, Bankruptcy, Credit (finance), Discrimination, Employment discrimination, Equal Employment Opportunity Commission (USA), Civil Rights Act 1964 (USA), Third Circuit
    Authors:
    John T. McDonald
    Location:
    USA
    Firm:
    Reed Smith LLP
    Federal prohibition on bankruptcy discrimination does not cover hiring
    2011-06-14

    In Myers v. Toojay's Mgmt. Corp., the Eleventh Circuit held that a federal Bankruptcy Code provision prohibiting termination of and discrimination against employees for filing bankruptcy does not cover hiring decisions. Plaintiff was offered a job as a restaurant manager conditioned upon a background check. The employer rescinded the job offer allegedly because plaintiff had filed for bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Credit history, Bankruptcy, Discrimination, Civil Rights Act 1964 (USA), Eleventh Circuit
    Authors:
    Daniel J. McCoy , Allen Kato
    Location:
    USA
    Firm:
    Fenwick & West LLP
    Bankruptcy Code Section 525 does not prohibit private employers from denying employment based on prior bankruptcy filing
    2011-06-14

    Most employers know that it is unlawful to terminate the employment of or to discriminate against an individual who has previously filed bankruptcy because of his or her status as a debtor in a bankruptcy proceeding. A recent Federal Court of Appeals decision, however, highlights the distinction between denying employment to an individual based on prior bankruptcy filing and terminating the individual’s employment because of it.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Credit history, Bankruptcy, Debtor, Statutory interpretation, Discrimination, US Congress, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit, Eleventh Circuit, Third Circuit
    Authors:
    Bruce J Douglas , Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Courts rule in favor of discharge injunctions – even for sold debt
    2015-02-17

    The “discharge injunction” of Section 524 of the Bankruptcy Code is one of the most, if not the most, important features of United States bankruptcy law. Debtors in bankruptcy must complete detailed paperwork regarding their assets and liabilities and either turn over their non-exempt assets to a bankruptcy trustee or execute a payment plan that repays all or a portion of their debt.

    Filed under:
    USA, Insolvency & Restructuring, Dinsmore & Shohl LLP, Credit history, Bankruptcy, Debtor, Injunction, Debt, Bankruptcy discharge, Title 11 of the US Code
    Authors:
    John M. Spires
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Help wanted (but debtors need not apply)
    2011-09-09

    Employers are constrained by dozens of rules and regulations limiting their hiring criteria. In today’s economy, one question that often arises is whether employers may refuse to hire bankrupt job applicants. Surprisingly, the answer for private employers may be yes.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, ArentFox Schiff, Credit history, Bankruptcy, Debtor, Discrimination, Economy, Credit score, Eleventh Circuit
    Authors:
    Harry I. Johnson, III , Mette H. Kurth
    Location:
    USA
    Firm:
    ArentFox Schiff
    Debtor sues lenders for alleged violations of the Fair Credit Reporting Act
    2015-10-02

    On September 18, 2015, Margaret M. Okamoto (“Plaintiff”) filed a complaint (the “Complaint”) in The United States District Court for the District of Nevada alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”), against, inter alia, Bank of America, N.A. (“BOA”), Mutual of Omaha Bank (“MOB”), and Experian Information Solutions, Inc. (collectively, “Defendants”).  See Okamoto v. Bank of America et al., No. 2:15-cv-01800-GMN-GWF (Sept. 18, 2015).

    Filed under:
    USA, Nevada, Banking, Insolvency & Restructuring, Litigation, Faegre Drinker Biddle & Reath LLP, Credit history, Fair Credit Reporting Act 1970 (USA)
    Authors:
    Stephen C. Baker , Stephen A. Serfass , Nolan B. Tully , Steven H. Brogan , Alan M. Kidd , Christian Brito
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Supreme Court finds FCRA liability
    2007-11-14

    The United States Supreme Court held that reckless violations of the Fair Credit Reporting Act (“FCRA”) constitute a willful failure to comply, subjecting violators to liability for actual damages, statutory penalties and potentially punitive damages. Safeco Ins. Co. of America v. Burr, 551 U.S. _____ (June 4, 2007).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit history, Punitive damages, Costs in English law, Letter of credit, Landlord, Leasehold estate, Summary offence, Vehicle insurance, Credit score, Consumer privacy, Fair Credit Reporting Act 1970 (USA), Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
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