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    Borrower’s bid to enjoin home foreclosure is denied
    2010-06-30

    A Massachusetts trial court has denied a borrower’s request to stop a foreclosure proceeding despite the borrower’s claim that the loan was “unfair” under the Massachusetts consumer protection law, Chapter 93A of the General Laws. In its May 13 decision denying the borrower’s request for an injunction, the court examined a stated income (no documentation) loan and determined that the borrower was not likely to prevail on a claim that the loan featured a combination of four characteristics that qualify as “unfair” under Chapter 93A.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Nutter McClennen & Fish LLP, Debtor, Consumer protection, Injunction, Debt, Mortgage loan, Foreclosure, Default (finance), Massachusetts Attorney General, Massachusetts Supreme Judicial Court
    Authors:
    Kenneth F. Ehrlich , Michael K. Krebs
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Florida Supreme Court rules debtor may not use single-member LLC to shield assets from judgment creditor
    2010-06-28

    In a much anticipated decision, the Florida Supreme Court closed a statutory loophole that permitted debtors to use a wholly owned limited liability company (LLC) to put their assets beyond the reach of their judgment creditors. In Olmstead v. FTC, Case No. SC08-1009 (Fla. June 24, 2010), the Florida Supreme Court ruled that a court may order a judgment debtor to surrender all right, title, and interest in the debtor's single-member Florida limited liability company to satisfy an outstanding judgment.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Debtor, Interest, Limited liability company, Debt, Commercial law, Exclusive jurisdiction, Federal Trade Commission (USA), Supreme Court of the United States, Florida Supreme Court
    Authors:
    Stephen A. (Steve) Crane , Gardner F. Davis , Mary F. Kendrick , William J. McKenna
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Pension reform — the time has come, the time is now
    2010-06-25

    As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), “THE TIME HAS COME, THE TIME IS NOW”. Good faith efforts to bargain with Chapter 9 of the Bankruptcy Code in the foreground must begin now if we want to emerge from this financial crisis.  

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Public, Saul Ewing LLP, Bankruptcy, Debtor, Trade union, Debt, Good faith, Collective bargaining agreements, Bond credit rating, Municipal bond, Balanced budget, US District Court for Eastern District of California
    Authors:
    James A. Chatz , Marc S. Zaslavsky
    Location:
    USA
    Firm:
    Saul Ewing LLP
    Do purchasers of tax sale certificates under New Jersey state law qualify as holders of "tax claims" under federal bankruptcy law?
    2010-07-06

    Chapter 11 of the United States Bankruptcy Code is intended to allow financially stressed debtors to restructure their debt obligations through a plan of reorganization. Typically, a Chapter 11 plan places different types of claims in different classes and, subject to various requirements of the Bankruptcy Code, allows the debtor to pay only portions of the claims (and in certain circumstances not to pay certain claims at all). Moreover, the Bankruptcy Code allows a debtor the flexibility to structure a plan to defer the payment of certain claims.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Tax, Lowenstein Sandler LLP, Bankruptcy, Debtor, Interest, Debt, Deferred tax, US Congress, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Vermont rejects Fairpoint reorganization plan
    2010-07-02

    On Monday, the Vermont Public Safety Board (VPSB) threw up a roadblock against Fairpoint Communications’ quest to emerge from bankruptcy with the issuance of a 96- page order that rejects the company’s plan of reorganization. Saddled with debt accruing from its $2.3 billion purchase of landline phone assets from Verizon Communications in 2008, Fairpoint—a regional provider of landline telephone services in the states of Vermont, New Hampshire and Maine—filed for Chapter 11 bankruptcy protection in October of 2009.

    Filed under:
    USA, Vermont, Insolvency & Restructuring, Telecoms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, ISP, Board of directors, Broadband, Option (finance), Debt, Verizon Communications
    Authors:
    Patrick S. Campbell
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Recent significant commercial bankruptcy filings
    2010-07-19

    Masuda, Funai, Eifert & Mitchell routinely represents creditors in bankruptcy proceedings in order to protect their contractual and legal interests and rights to payment. The following is a list of some recent larger U.S. bankruptcy filings in various industries. To the extent you are a creditor to any of these debtors, or other entities which may have filed for bankruptcy protection, you as a creditor are entitled to certain protections under the Bankruptcy Code.

    AIRLINES

    Filed under:
    USA, Insolvency & Restructuring, Masuda Funai Eifert & Mitchell Ltd, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Debt, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Reinhold F. Krammer
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Intercreditor agreements get trumped
    2010-07-15

    Intercreditor agreements between first and second lien lenders are created all the time and are therefore not usually glitzy topics for client updates. But the recent intercreditor dispute between Donald Trump and corporate raider Carl Icahn over control of Trump's Atlantic City casinos had all the drama and glamour of the gambling dens and billionaires involved, including two competing but confirmable plans and senior and junior creditors vying for ownership of a gaming empire and its attendant upside.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Leisure & Tourism, Litigation, Bracewell LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Waiver, Interest, Gambling, Debt, Foreclosure, Default (finance), Casino, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    Bracewell LLP
    Riskier times for secured lenders, derivative traders, and distressed debt investors? A synthesis of six significant bankruptcy-related developments
    2010-07-14

    Bankruptcy-related developments during the first half of this year have sent shock waves
    through the secured lending, derivative, and distressed debt trading communities. Several
    notable decisions may significantly affect the way these entities operate and calculate risk,
    and result in changes to standard documentation. Until recently, a proposed overhaul of
    Bankruptcy Rule 2019 threatened to discourage distressed debt investors, including hedge
    funds, from participating in bankruptcy proceedings as part of an ad hoc committee or group.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Climate change mitigation, Swap (finance), Hedge funds, Debt, Concession (contract), Leverage (finance), Distressed securities, Lehman Brothers, Constitutional amendment
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Creditor remedies against members of LLCs
    2010-07-22

    LLC members and other persons dealing with LLCs will be interested in a recent Florida Supreme Court case that was decided on June 24, 2010. The court’s decision in Olmstead v. FTC appears to eliminate part of the asset protection feature of single-member LLCs and calls into question the remedies available to creditors of members in multiple-member LLCs.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit card, Shareholder, Debtor, Interest, Limited liability company, Debt, Foreclosure, Asset protection, Federal Trade Commission (USA), Eleventh Circuit, Florida Supreme Court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    FTC issues final rule to restricting debt relief providers
    2010-08-02

    Last week, the Federal Trade Commission announcedamendments to the Telemarketing Sales Rule (TSR) relating to the telemarketing of debt relief services, including new restrictions on advance fees charged by debt relief companies.

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Alston & Bird LLP, Credit card, Bankruptcy, Telemarketing, Debt, Debt relief, Good faith, Federal Trade Commission (USA)
    Authors:
    Melinda C. Calisti
    Location:
    USA
    Firm:
    Alston & Bird LLP

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