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    Transferee liability: the lottery ticket/uranium contract rule
    2015-04-15

    Mano-Y&M Ltd. v. Field (In re Mortgage Store, Inc.), 773 F.3d 990 (9th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Due diligence
    Location:
    USA
    Firm:
    Troutman Pepper
    Death: the ultimate hardship discharge?
    2015-04-08

    Trying to discharge your personal debts?  Well, here is a new method: in 

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Fifth Circuit shifts the risk of doing business with fraudulent enterprises to trade creditors
    2015-04-07

    When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as fraudulent transfers in the U.S. That is because the debtor receives reasonably equivalent value for the payments to its vendors and because the unsuspecting vendors can assert a good faith defense based on the value provided.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Dechert LLP, Debtor, Fraud, Fifth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Kentucky law: fraudulent transfers
    2015-04-02

    KRS Summary on Fraudulent Transfers

    A fraudulent transfer (fraudulent conveyance) is an attempt to avoid debt by transferring money to another person or company. It is often an issue in debtor/creditor relations, particularly in bankruptcy when referring to insolvent debtors.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, DelCotto Law Group PLLC, Debtor, Fraud, Conveyancing
    Authors:
    Jamie L. Harris
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Tipping point: plan clarification or plan modification? Third Circuit denies bankruptcy court’s use of its plan clarification powers to circumvent plan modification requirements of section 1127
    2015-04-06

    In post-confirmation proceedings, bankruptcy courts maintain the ability to clarify a plan where silent or ambiguous, and interpret a plan to advance equitable considerations.  However, bankruptcy courts are not allowed to modify a plan outside the confines of section

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Class action, United States bankruptcy court, Third Circuit
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Structured dismissals – how they work part III: the best interests of the creditors test
    2015-04-06

    A.   Where We Left Off

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kane Russell Coleman Logan PC, Debtor
    Authors:
    John Kane
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Recovery options: how there are still ways for creditors to recoup funds in bankruptcy court
    2015-04-01

    Bankruptcy can be a lifeline to those individuals trying to get out from under a mountain of debt, but it becomes a point of frustration for the companies forced to move on without collecting the money they were owed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kegler Brown Hill + Ritter, Bankruptcy, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Kegler Brown Hill + Ritter
    Proceeds from insurance settlement outside the scope of Article 9
    2015-03-31

    The Bankruptcy Appellate Panel for the First Circuit recently held that a creditor holding a perfected security interest in accounts and payment intangibles did not have a perfected security interest in the proceeds of an insurance settlement. In re Montreal, Maine & Atlantic Ry., Ltd., 521 B.R. 703 (B.A.P. 1st Cir. 2014). In this case, the creditor had extended a line of credit to the borrower, which it secured by a security interest in all the borrower’s accounts and payment intangibles. The creditor filed a financing statement to perfect its security interest.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Spencer Fane LLP, Debtor, Bankruptcy Appellate Panel, First Circuit
    Authors:
    Andrea Chase
    Location:
    USA
    Firm:
    Spencer Fane LLP

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