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    Seven factors and good faith: the Eleventh Circuit clarifies bankruptcy courts’ authority
    2015-03-20

    The Eleventh Circuit’s recent opinion in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In reSeaside Engineering & Surveying, Inc.), No. 14-11590 (11th Cir. March 12, 2015), clarifies the circuit’s stance on the authority of bankruptcy courts to issue nonconsensual, non-debtor releases or bar orders and the circumstances under which such bar orders might be appropriate. In addition, the court gave a broad reading of what it means for a plan to have been proposed in good faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Good faith, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Eleventh Circuit sides with majority in approving third party releases in bankruptcy plans
    2015-03-18

    On March 12, 2015, the United States Court of Appeals for the Eleventh Circuit affirmed the authority of a bankruptcy court to issue non-consensual, non-debtor releases in connection with the confirmation of a plan of reorganization.1   With this decision, the Eleventh Circuit joined the majority view that such releases are permissible under certain circumstances.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP, United States bankruptcy court, Eleventh Circuit
    Authors:
    Sarah Borders , Paul K. Ferdinands , Jeffrey Dutson
    Location:
    USA
    Firm:
    King & Spalding LLP
    Eleventh Circuit outlines bankruptcy courts’ allowance of non-consensual, non-debtor releases
    2015-03-20

    The Eleventh Circuit’s recent opinion in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.), No. 14-11590 (11th Cir. March 12, 2015), clarifies the circuit’s stance on the authority of bankruptcy courts to issue nonconsensual, non-debtor releases or bar orders and the circumstances under which such bar orders might be appropriate. In addition, the court gave a broad reading of what it means for a plan to have been proposed in good faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, United States bankruptcy court, Eleventh Circuit
    Authors:
    John C. Weitnauer (Kit) , Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Supreme Court to consider Eleventh Circuit decisions upholding “strip off” of junior mortgage liens
    2015-02-11

    Bank of America, N.A. v. Caulkett and Bank of America, N.A. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supreme Court of the United States, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Post-Crawford FDCPA claim dismissed as time-barred
    2015-02-06

    Following the Eleventh Circuit’s decision last year in Crawford v. LVNV Funding, LLC, the filing of a proof of claim on a time-barred debt in a bankruptcy case pending in the Eleventh Circuit’s jurisdiction violates the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (“FDCPA”). But as the U.S. Bankruptcy Court for the Northern District of Alabama recently made clear in Gurganus v. Recovery Management Systems Corp. (In re Gurganus), No. 7:14-ap-70054-BGC, 2015 WL 65089 (Bankr. N.D. Ala. Jan.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Alan D. Leeth , Ryan J. Hebson
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Copyright infringement; damages for conversion reversed
    2014-12-04

    This week we present for your consideration two cases: (a) an Eleventh Circuit decision upholding a copyright infringement award against a venue operator for playing five copyrighted songs without a license; and (b) an Alabama Supreme Court decision reversing damages awarded to a farmer for a claim of conversion against a foreclosing bank that took possession of harvested crops.

    Filed under:
    USA, Alabama, Banking, Copyrights, Insolvency & Restructuring, Litigation, Sirote & Permutt PC, Copyright infringement, Eleventh Circuit, Alabama Supreme Court
    Authors:
    W. Wesley Hill
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Weathering the storm: Eleventh Circuit vacates four-year-old 363 sale order based on bad faith filing of an involuntary bankruptcy case
    2014-09-16

    On August 15, 2014, the Eleventh Circuit entered a Memorandum Opinion in the Wortley v. Chrispus Venture Capital, LLC case (In re Global Energies, LLC, “Global”)1 unwinding a section 363 sale order entered in 2010 by the Bankruptcy Court for the Southern District of Florida based on a finding of bad faith in the filing of an involuntary bankruptcy case in 2010.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Bad faith, Eleventh Circuit
    Authors:
    Lenard Parkins , Karl D. Burrer
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Inside oral argument before 11th Circuit in scantling appeal: ramifications for mortgage lenders
    2014-09-09

    In its Scantling opinion, the Eleventh Circuit held that a Chapter 20 debtor (a chapter 13 debtor who previously filed and concluded a chapter 7 case) could strip off valueless junior liens on her principal residence even thought she was ineligible for a discharge in the chapter 13 case. Full disclosure: our firm, Berger Singerman, represented the appellee, Ms. Scantling.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Berger Singerman LLP, Debtor, Eleventh Circuit
    Authors:
    Paul A. Avron
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Eleventh Circuit vacates bad-faith asset sale
    2014-09-04

    The U.S. Court of Appeals for the Eleventh Circuit, on Aug. 15, 2014, ordered a bankruptcy court to vacate a final asset sale order almost four years after its entry because of insider misconduct. In re Global Energies, LLC, 2014 WL 3974577 (11th Cir. Aug. 15, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, United States bankruptcy court, Eleventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    In re Brown: replacement value applies even when debtor surrenders property
    2014-07-28

    The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an important role in how personal property collateral will be valued in Chapter 7 and 13 cases in the Eleventh Circuit and thus its reasoning is important for creditors to understand.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Debtor, Collateral (finance), Foreclosure, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP

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