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    Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
    2016-08-18

    In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors. Recently, the U.S. District Court for the Northern District of Illinois, in Colfin Bulls Funding A v. Paloian (In re Dvorkin Holdings), 547 B.R. 880 (N.D. Ill.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Discovery, Default (finance), US Congress, The Legal Intelligencer, United States bankruptcy court, US District Court for Northern District of Illinois
    Authors:
    Rudolph J. Di Massa, Jr. , Lawrence J. Kotler , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    'Authority' to terminate financing statements under UCC
    2015-08-07

    On Jan. 21, in Official Committee of Unsecured Creditors of Motors Liquidation v. JPMorgan Chase Bank (In re Motors Liquidation), No. 13-2187, (2d Cir. Jan. 21, 2015), the U.S. Court of Appeals for the Second Circuit addressed whether a UCC-3 termination statement, which was improperly filed as part of the repayment of an unrelated loan, may be considered effective to terminate the security interest in question, even where none of the parties intended that result.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Uniform Commercial Code (USA), Delaware Supreme Court
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy appellate panel for Eighth Circuit reaffirms it is not the forum for debtors in pending bankruptcy cases to take second bite at the apple
    2014-02-21

    Last week, the 8th Circuit B.A.P. affirmed, first noting that criminal judgments, including restitution awards and liens, are afforded special protection from bankruptcy discharge.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Bankruptcy discharge, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    James G. Schu, Jr. , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    DCED petitions court to appoint receiver for Harrisburg
    2011-11-23

    Department of Community and Economic Development (DCED) Secretary C. Alan Walker filed a petition with the Commonwealth Court to appoint David Unkovic as the receiver for the financially distressed state capital, Harrisburg.

    The city’s failure to come to an agreement on an acceptable recovery plan has forced the commonwealth to take this action,‖ Governor Tom Corbett said in a statement. ―As more time goes by without action, the city’s financial situation continues to get worse.‖

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Public, Duane Morris LLP, Commonwealth Court of Pennsylvania
    Location:
    USA
    Firm:
    Duane Morris LLP

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