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    Senate to move on Harrisburg Receiver measure despite bankruptcy filing
    2011-10-13

    A measure that places a Receiver in charge of Harrisburg’s finances is expected to be approved by the Senate on October 17, despite the recent move by City Council to file for bankruptcy.

    “From our point of view nothing has changed,” said State Rep. Glen Grell, R-Cumberland, who worked on the Receiver legislation with State Senator Jeff Piccola, R-Dauphin. “The bankruptcy move is specifically forbidden under legislation we passed in June. I don’t think there’s any doubt it will be challenged and pretty quickly dismissed.”

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, Debt, Default (finance), Commonwealth Court of Pennsylvania
    Location:
    USA
    Firm:
    Duane Morris LLP
    Protecting personal information in Borders bankruptcy proceeding
    2011-09-27

    Borders has long collected personal information from customers and promised that such information would not be disclosed without consent. In light of that and Borders' current bankruptcy proceedings, the FTC has sent a letter to the consumer privacy ombudsman overseeing the Borders bankruptcy that seeks the protection of customer personal information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Duane Morris LLP, Bankruptcy, Information privacy, Retail, Interest, Personally identifiable information, Consent, Consumer privacy, Federal Trade Commission (USA), United States bankruptcy court
    Authors:
    Eric J. Sinrod
    Location:
    USA
    Firm:
    Duane Morris LLP
    U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay
    2016-05-04

    Adding to the unsettled body of case law on the enforceability of prepetition waivers of the automatic stay, on April 27, 2016, the U.S.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Debtor, Unsecured debt, Waiver, United States bankruptcy court
    Authors:
    Geoffrey A. Heaton , Rudolph J. Di Massa, Jr. , Ron Oliner , Rosanne Ciambrone
    Location:
    USA
    Firm:
    Duane Morris LLP
    Eastern District of New York Holds That "Forced Vesting" of Title to Collateral Is an Impermissible Modification of a Secured Creditor's Rights
    2016-04-21

    In In re Zair, 2016 U.S. Dist. LEXIS 49032 (E.D.N.Y. Apr. 12, 2016), the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of “forced vesting” through a chapter 13 plan. After analyzing Bankruptcy Code §§ 1322(b)(9) and 1325(a)(5), the court concluded that a chapter 13 debtor could not, through a chapter 13 plan, force a mortgagee to take title to the mortgage collateral.

    Background

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Collateral (finance), Vesting, Secured creditor
    Authors:
    Keri L. Wintle , Jarret P. Hitchings , Rudolph J. Di Massa, Jr. , William C. Heuer , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    A Valuable Tale for Creditors: Exposing the Dishonest Debtor
    2016-04-01

    The failure of debtors to accurately list and value assets in their bankruptcy schedules is certainly not a new phenomenon. Recently, however, we are witnessing an increase in bankruptcy cases where debtors are using clever and deliberate means to omit assets or disguise the true value of their assets in an attempt to thwart recovery by creditors. While the U.S. trustee's or a creditor's remedy for such bad acts is to seek a denial of the debtor's discharge under 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor
    Authors:
    Rudolph J. Di Massa, Jr. , Walter W. Gouldsbury III
    Location:
    USA
    Firm:
    Duane Morris LLP
    Sinbad’s Dine and Dash
    2016-03-21

    Today, Sinbad’s restaurant looks like a shipwreck next to San Francisco’s Ferry Building. A demolition crew is on site and Sinbad’s is in bankruptcy court. The classic restaurant-bar recently lost a series of legal battles that ultimately shut it down after 40 years of continuous operation.

    Filed under:
    USA, Insolvency & Restructuring, Duane Morris LLP, United States bankruptcy court
    Authors:
    Constantine R. Mittendorf
    Location:
    USA
    Firm:
    Duane Morris LLP
    Extinguishment of Liens Through a Plan of Reorganization
    2016-02-17

    On Aug. 4, 2015, in City of Concord, New Hampshire v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC), No. 14-3381 (2nd Cir. Aug. 4, 2015), the U.S. Court of Appeals for the Second Circuit addressed the circumstances under which a creditor's lien on the property of a debtor may be extinguished through a Chapter 11 plan of reorganization.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Second Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    California Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony
    2016-02-11

    On November 5, 2015, the United States Bankruptcy Court for the Northern District of California issued a “Memorandum re Plan Confirmation” in In re Bowie, Case No. 15-10144 (Bankr. N.D. Cal. Nov.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Debtor, United States bankruptcy court
    Authors:
    Marcus O. Colabianchi , Walter W. Gouldsbury III , Rudolph J. Di Massa, Jr. , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    No Discharge of Debt Arising From Willful and Malicious Injury
    2015-12-18

    Pursuant to Section 727 of the U.S. Bankruptcy Code, an individual Chapter 7 debtor may receive a discharge "from all debts that arose before the date of the order for relief under this chapter." A Chapter 11 or Chapter 13 debtor may receive similar relief pursuant to Sections 1141 and 1328(b), respectively. Under any chapter, this discharge serves the Bankruptcy Code's principal goal of relieving a debtor from his or her prepetition obligations and providing the debtor with a "fresh start" on emergence from bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Debtor, Debt, Bankruptcy discharge, Title 11 of the US Code, US District Court for the Southern District of New York
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    USA
    Firm:
    Duane Morris LLP
    Personnel files and documents relating to "hand-picked" directors ruled discoverable in breach of fiduciary duty action against private equity firm
    2015-11-23

    A Delaware bankruptcy judge recently ruled that information concerning the compensation and performance of “hand-picked” directors of a private equity firm’s portfolio company was discoverable in an action for breach of fiduciary duty against the private equity firm.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Fiduciary, Discovery
    Authors:
    Paul D. Moore , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP

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