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    Eleventh Circuit Holds That An Assignee for the Benefit of Creditors has no Authority to File a Bankruptcy Petition for the Assignor
    2015-12-26

    In analyzing the parameters surrounding a state law assignment for benefit of creditors, as well as the extent and limits of the powers of the assignee, the Eleventh Circuit inUllrich v. Welt (In re NICA Holdings, Inc.), 2015 WL 9241140 (11th Cir. 2015) held that an assignee for the benefit of creditors lacks the authority to file a bankruptcy petition on behalf of the assignee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Eleventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Attorney’s Fees Awarded in Connection with Unsuccessful Challenge to Involuntary Petition
    2015-12-14

    If Party A files an involuntary bankruptcy case against Party B that is contested by Party B, and if Party A fails to convince a bankruptcy court that Party B should be a debtor in such involuntary bankruptcy case, the general rule is that Party A must pay the reasonable attorneys’ fees incurred by Party B in successfully obtaining dismissal of the involuntary filing.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Berger Singerman LLP, Eleventh Circuit
    Authors:
    Paul A. Avron , Ilyse M. Homer
    Location:
    USA
    Firm:
    Berger Singerman LLP
    BREAKING: Florida District Court Affirms Bankruptcy Court Order Compelling Surrender
    2015-12-09

    On November 23, 2015, Southern District of Florida District Court Judge Kenneth A. Marra issued an opinion affirming an order granting a creditor's motion to compel surrender of real property pursuant to a statement of intention entered by Southern District of Florida Bankruptcy Judge Paul G. Hyman in the bankruptcy proceedings of David and Donna Failla.  Failla v. Citibank, N.A. (In re Failla), Civ. No.: 15-80328-CIV-KAM, (S.D. Fla. Nov. 23, 2015), aff'd, 529 B.R. 786 (Bankr. S.D. Fla. 2014).

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Sirote & Permutt PC, Debtor, Foreclosure, United States bankruptcy court, Eleventh Circuit
    Authors:
    Jason Weber
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Eleventh Circuit weighs in on section 1123(d): reinstatement of defaulted loan agreement under chapter 11 plan requires payment of default-rate interest
    2015-11-17

    In 1994, Congress amended the Bankruptcy Code to, among other things, add section 1123(d), which provides that, if a chapter 11 plan proposes to “cure” a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law. Since then, a majority of courts have held that such a cure amount must include any default-rate interest required under either the contract or applicable nonbankruptcy law. A ruling recently handed down by the U.S. Court of Appeals for the Eleventh Circuit endorses this view.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Interest, Default (finance), Eleventh Circuit
    Authors:
    Monika S. Wiener , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Eleventh Circuit broadly defines ‘value’ in fraudulent transfer suit
    2015-10-08

    An insolvent corporate subsidiary’s payment of its parent’s contractual obligations was not a fraudulent transfer when “the [subsidiary] Debtor received reasonably equivalent value in exchange for [its cash] transfers,” held the U.S. Court of Appeals for the Eleventh Circuit on Sept. 4, 2015. In re PSN USA, Inc., 2015 WL 5167803, at *7 (11th Cir. Sept. 4, 2015) (per curiam).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Debtor, Eleventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Crawford proof of claim adversary proceeding dismissed…again
    2015-10-04

    For the past year, many involved in the debt buyer industry have closely followed the 11th Circuit’s ruling in Crawford v. LVNV Funding, LLC.   Last week, the bankruptcy court again dismissed the adversary proceeding. Crawford v. LVNV Funding, LLC, Case No. 08-30192-DHW, Adv. Pro. No. 12-030333-DHW (Sep.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Statute of limitations, Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Don’t forfeit your right to demand default rate interest!
    2015-10-05

    Is a debtor required to pay default rate interest when it reinstates a loan under a plan of reorganization? According to a recent Eleventh Circuit Court of Appeals decision, In re Sagamore Partners, Ltd., 2015 U.S. App. LEXIS 15382 (Aug. 31, 2015), the answer depends upon the underlying loan documents and applicable non-bankruptcy law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Interest, Default (finance), Eleventh Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    “Underwater” lienholders breathe easy, you’re still “secured” by 11 U.S.C. § 506(d)
    2015-10-05

    On June 1, 2015, the Supreme Court of the United States decided Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015) in a unanimous opinion—except for a footnote—authored by Justice Thomas, and determined that a chapter 7 debtor may not void a junior lien under § 506(d) of the Bankruptcy Code even when the debt owed on the senior lien exceeds the present value of the property.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hawley Troxell, Debtor, Bank of America, Eleventh Circuit
    Authors:
    Brent R. Wilson
    Location:
    USA
    Firm:
    Hawley Troxell
    Earth to creditors: triangular payment arrangements may constitute “reasonably equivalent value”
    2015-09-23

    The Eleventh Circuit Court of Appeals recently clarified the meaning of “reasonably equivalent value” in a complex fraudulent transfer case.  Its decision in In re PSN USA, Inc., Case No. 14-15352 (11th Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Eleventh Circuit
    Authors:
    Bryce A. Suzuki
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Eleventh Circuit reverses denial of lenders’ claim for default-rate interest
    2015-09-09

    A Chapter 11 debtor’s reorganization plan purporting to cure a default under a pre-bankruptcy loan agreement must pay “the agreed-upon default rate interest,” consistent with “the underlying agreement” and the “applicable nonbankruptcy law,” held the U.S. Court of Appeals for the Eleventh Circuit on Aug. 31, 2015. In re Sagamore Partners, Ltd., 2015 WL 5091909, at *4 (11th Cir. Aug. 31, 2015).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interest, Default (finance), Eleventh Circuit
    Authors:
    Michael L. Cook , Brian C. Tong
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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