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    'Loan-to-own' strategy may lead to limitation on credit-bidding
    2014-09-19

    On April 14, in In re Free Lance-Star Publishing, 512 B.R. 798 (Bankr. E.D. Va. 2014), the U.S. Bankruptcy Court for the Eastern District of Virginia considered the objection of Chapter 11 debtors to a secured creditor's right to credit bid at a sale of the debtors' assets pursuant to 11 U.S.C. Section 363.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Personal property, Secured creditor, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Rudolph J. Di Massa, Jr. , James G. Schu, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    Second Circuit's significant decision could impact liquidating trustees
    2014-08-28

    In the case of United States of America v. Edward P. Bond, No. 12-4803 (2d. Cir. August 13, 2014), the United States Court of Appeals for the Second Circuit (the "Second Circuit") issued a decision that could have far-reaching effects on how liquidating chapter 11 bankruptcy cases will be handled in the future.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, Liquidation, Internal Revenue Service (USA), Second Circuit, United States bankruptcy court
    Authors:
    Lawrence J. Kotler , William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    New Jersey Tax Sale Law gives purchaser of a tax sale certificate a tax lien on the underlying property
    2014-06-30

    The New Jersey Supreme Court, in In re: Princeton Office Park, L.P. v. Plymouth Park Tax Services, LLC, determined that under the Tax Sale Law, N.J.S.A. §§ 54:5-1 to -137, a purchaser of a tax sale certificate acquires a tax lien, not a lien securing the property owner's obligation to pay the amount owing to redeem the certificate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, Tax lien, New Jersey Supreme Court
    Authors:
    George J. Kroculick
    Location:
    USA
    Firm:
    Duane Morris LLP
    U.S. Supreme Court decision answers question arising out of Stern vs. Marshall decision
    2014-06-09

    In Executive Benefits Insurance Agency, petitioner vs.  Peter H. Arkison, Chapter 7 Trustee, Case No. 12-1200, 573 U.S. __(2014) the United States Supreme Court  ( Court) delivered its opinion as a follow up to its landmark decision in Stern v. Marshall.  In Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Tortious interference, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    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
    Public works projects and municipal bankruptcies
    2014-01-23

    The good news is that public works construction projects for municipalities are projected to remain a major sector of construction activity for the foreseeable future. The not-so-good news is that municipal bankruptcy filings are on the rise, and they are likely to increase. The issues facing parties under contract with a municipality when it files for bankruptcy protection are playing out nationally in places like Stockton, California, and Detroit, Michigan.

    Filed under:
    USA, Insolvency & Restructuring, Projects & Procurement, Duane Morris LLP, Bankruptcy, Title 11 of the US Code
    Authors:
    Robert C. Hendrickson , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors
    2013-12-17

     

     

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner , Gerard S. Catalanello , James J. Vincequerra
    Location:
    USA
    Firm:
    Duane Morris LLP
    FACT Act promises transparency in bankruptcy trust claims and payments for asbestos exposure
    2013-11-18

    Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act by a 221-199 vote. FACT would amend the U.S. Bankruptcy Code to require trusts formed under a bankruptcy reorganization plan and charged with paying claims connected to asbestos exposure to disclose all demands made by claimants and the basis of any payments made to claimants.

    Filed under:
    USA, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, Social Security number
    Location:
    USA
    Firm:
    Duane Morris LLP
    District Court clarifies distinction between burdens of proof on stay relief and adequate protection in American Airlines bankruptcy
    2013-05-03

     

    In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic stay under 11 U.S.C. § 362(d), a secured creditor has the initial burden to show that there has been a decline—or at least a risk of decline—in the value of its collateral. Only then will the burden shift to the debtor to prove that the value of the collateral is not, in fact, declining.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Collateral (finance), Interest, Legal burden of proof, Secured creditor, American Airlines
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Chapter 11 single asset real estate cases dismissed for cause
    2013-04-16

    The United States Bankruptcy Appellate Panel of the 6th Circuit affirmed the Bankruptcy Court dismissal of five single – asset real estate Debtors’ Jointly Administered Chapter 11 cases under the “For Cause” dismissal provisions of the United States Bankruptcy Code, 11 U.S.C.A. § 1112 (b). see In re Creekside Senior Apartments, LP, et al., 2013 WL 1188061 (6th Cir. BAP Ky.)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Secured creditor, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP

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