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    The Fourth Circuit weighs in on third-party releases in plans of reorganization
    2014-08-28

    Section 524 of the United States Bankruptcy Code (the Code) describes the effect of a discharge of a debtor, and in section 524(e), provides that a discharge of a debtor does not affect the liability of any other entity for the debtor's obligations.  Today, virtually every plan of reorganization or liquidation includes releases for officers, directors and employees of the debtor, affiliates of the debtor, debtor and committee counsel involved in the case, the members of the creditors committee and plan sponsors, among others.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Debtor, Title 11 of the US Code, Fourth Circuit
    Authors:
    Peter C. Blain
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    The business behind renting a resort villa
    2014-08-28

    Some of our readers may have had the pleasure of renting a resort villa during their summer vacation (electronic postcards of such fancy digs are always welcome at the Weil Bankruptcy Blog, especially if you pose for a photo where you are reading one of our entries!). For the uninitiated (including yours truly), villas are often viewed as the ultimate upgrade for privacy and convenience when staying at a large resort for a week or more—a private home with the luxuries of a full service hotel.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Beware of including in-transit inventory in the borrowing base
    2014-08-29

    Lenders typically have extensive requirements for what inventory will be deemed “eligible” and included in a borrower’s borrowing base for purposes of determining how much the lender is required to lend. One of those typical requirements is that the inventory be owned by the borrower and located at a borrower location in the United States of America, where it will be subject to the Uniform Commercial Code and amenable to an Article 9 security interest.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dykema Gossett PLLC, Debtor, Bill of lading, Uniform Commercial Code (USA)
    Authors:
    Darrell W. Pierce
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Security interests in intellectual property and related issues in bankruptcy
    2014-08-25

    Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit.  For example, a company that borrows money from a bank can pledge its patents as collateral for the loan.  The bank (referred to as the “secured creditor”) in this case will of course want to make sure that its security interest in the IP can be enforced against the borrower if the borrower defaults on the loan.

    What Happens to Your Security Interest in a Debtor’s Intellectual Property in Bankruptcy?

    Filed under:
    USA, Insolvency & Restructuring, Intellectual Property, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Debtor, Secured creditor, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Business law quarterly—summer 2014
    2014-08-25

    Bankruptcy Remote? Maybe Not

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Wills & Probate, Dykema Gossett PLLC, Bankruptcy, Debtor
    Authors:
    Andrew H. Connor , Maria A. Diakoumakis , Laura M. Callahan
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    What's in a name? Amendments to the Uniform Fraudulent Transfer Act
    2014-08-15

    On July 16, 2014, the Uniform Law Commission (the “Commission”) approved a series of discrete amendments to the Uniform Fraudulent Transfer Act (the “UFTA”) and renamed it the Uniform Voidable Transactions Act (the “UVTA”). The UVTA is intended to address inconsistency in the courts, better harmonize with the Bankruptcy Code and the Uniform Commercial Code (the “UCC”), and provide litigants with greater certainty in its application to a fraudulent transfer action.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Foreclosure
    Authors:
    Jonathan F. Korman , Laura P. Amato
    Location:
    USA
    Firm:
    Reed Smith LLP
    Dealing with difficult debtors
    2014-08-15

    This article was first published in the summer 2014 issue of NABTalk, the publication of the National Association of Bankruptcy Trustees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stinson LLP, Debtor, Contempt of court
    Authors:
    Marc E. Albert
    Location:
    USA
    Firm:
    Stinson LLP
    Fourth Circuit issues reminder to plan proponents: evidentiary support is required for non-debtor releases
    2014-08-15

    For some time, there has been a split among the circuit courts as to whether the Bankruptcy Code permits non-consensual releases of non-debtor entities under a plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Debtor, Fourth Circuit
    Location:
    USA
    Firm:
    Cooley LLP
    Bankruptcy court lacks subject matter jurisdiction to determine tax refund claim requested by post-confirmation liquidating trustee
    2014-08-18

    A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession, the Second Circuit held in United States v. Bond, Docket No. 12-4803 (2nd Cir. Aug. 13, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Debtor, Liquidation, Subject-matter jurisdiction, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Mortgage enforcement: dot those “I”s and cross those “t”s – or else
    2014-08-19

    In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) –

    A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage, the foreclosure expenses were not valid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper

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