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    Homestead exemption does not apply to home owned by single shareholder corporation
    2008-10-23

    California Coastal Commission, etc., et al. v. Michael A. Allen, ___ Cal. App. 4th ___ (Oct. 1, 2008, Case No. B197974)

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Sheppard Mullin Richter & Hampton LLP, Shareholder, Debtor, Interest, Standing (law), Default judgment, Cease and desist, Deed of trust (real estate), European Commission, California courts of appeal
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Transfer voided as fraudulent conveyance; recipient has knowledge of judgment
    2009-07-08

    The U.S. Court of Appeals for the Seventh Circuit recently determined that a judgment-debtor's transfer of property to a transferee with knowledge of the judgment was voidable under the Uniform Fraudulent Transfer Act. See For Your Ease Only, Inc. v. Calgon Carbon Corp., 560 F.3d 717 (7th Cir. 2009).

    Though the transferee had given reasonably equivalent value to the judgment-debtor in exchange for the transfer, the court found that the transferee did not take the judgment debtor's assets in good faith because its principal knew that judgment had been entered.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Reed Smith LLP, Debtor, Fraud, Federal Reporter, Limited liability company, Default judgment, Good faith, Subpoena, Seventh Circuit
    Authors:
    Stephen T Bobo
    Location:
    USA
    Firm:
    Reed Smith LLP
    Important cross-border enforcement decision by the New York courts
    2009-08-10

    Summary

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Arbitration award, Personal jurisdiction, Debt, Personal property, Default judgment, Extraterritoriality, Contempt of court, Dissenting opinion, Subsidiary, Forum shopping
    Authors:
    Charles Evans , Michael Godden , Roger Heward , Philip Roche , Joe Tirado
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Trustee, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit, Trustee
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Agreement to submit to a foreign jurisdiction: Can it be implied or inferred?
    2016-03-14

    In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that anagreement to submit to the jurisdiction of a foreign court can arise through an implied term but there must be actual agreement (or consent). However, simply agreeing that an agreement should be governed by foreign law did not amount to agreement to the corresponding jurisdiction.

    Filed under:
    Gibraltar, United Kingdom, USA, Insolvency & Restructuring, Litigation, RPC, Default judgment
    Location:
    Gibraltar, United Kingdom, USA
    Firm:
    RPC
    Judgment creditor collaterally estopped by default judgment against insured
    2013-05-20

    The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a rescission action precluded any subsequent recovery under the policy by a judgment creditor of the insured. Old Republic Nat’l Title Ins. Co. v. Hartford Accident & Indem. Co., 2013 WL 1943427 (N.D. Ga. May 9, 2013).

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Consent decree, Default judgment, Estoppel
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bank's lack of diligence results in denial of late claim
    2011-05-25

    COMMODITY FUTURES TRADING COMMISSION v. LAKE SHORE ASSET MANAGEMENT LTD. (May 11, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Shareholder, Fraud, Asset management, Default judgment, Commodity market, Pro rata, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Court adopts "purpose" test to determine whether loan is "educational"
    2011-03-07

    BUSSON-SOKOLIK v. MILWAUKEE SCHOOL OF ENGINEERING (February 10, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Costs in English law, Waiver, Debt, Default judgment, Bad faith, Frivolous litigation, Bankruptcy discharge, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy Court Can Enter Default Judgment Against Foreign Defendants in an Adversary Proceeding
    2018-07-23

    On Jun 29, 2018, Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York issued an opinion in which he granted a motion for entry of default judgment against foreign adversary proceeding defendants. Peter Kravitz v. Deacons (In re Advance Watch Company, Ltd.), Case No. 17-01137 (MG).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Default judgment, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC

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