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    From the Top
    2017-01-27

    The U.S. Supreme Court issued two rulings in 2016 involving issues of bankruptcy law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Credit (finance), American Recovery and Reinvestment Act 2009 (USA), Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Finally Abandons Entz-White: Default-Rate Interest Required to Cure and Reinstate Secured Debt Under Chapter 11 Plan
    2017-01-27

    In 1994, Congress amended the Bankruptcy Code to 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 substantial majority of courts, including the U.S. Court of Appeals for the Eleventh Circuit, have held that such a cure amount must include any default-rate interest required under either the contract or applicable nonbankruptcy law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Default (finance), Ninth Circuit, Eleventh Circuit
    Authors:
    Mark G. Douglas , Monika S. Wiener
    Location:
    USA
    Firm:
    Jones Day
    Is It Really Over? Appellate Court Finds Lack of Jurisdiction to Hear Bankruptcy Appeal
    2017-01-23

    In a recent ruling, the U.S. Court of Appeals for the Eleventh Circuit examined whether circuit courts have jurisdiction to hear direct appeals of unauthorized bankruptcy court orders that have not been reviewed by a district court. This was an issue of first impression in the Eleventh Circuit. The appellate court held that a bankruptcy court’s ruling in a non-core proceeding that has not been reviewed by the district court carries no adjudicative authority and is therefore not directly appealable to the circuit court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Eleventh Circuit, Seventh Circuit
    Authors:
    Aditi Kulkarni
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Eleventh Circuit Agrees with Seventh Circuit that an Unauthorized Bankruptcy Court Order Is Not a “Judgment, Order, or Decree” for Purposes of 28 U.S.C. § 158(d)(2)(A)
    2017-01-25

    In a recent decision, Wortley v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court to Decide If the Filing of a Faulty Proof of Claim in Bankruptcy Permits a Debtor to Sue Under the FDCPA
    2016-12-12

    The United States Supreme Court will review a decision of the Eleventh Circuit Court of Appeals, Johnson v. Midland Funding, LLC, to resolve a dispute between the circuits regarding whether the Bankruptcy Code provides the exclusive mechanism to determine the validity of a Proof of Claim or whether the filing of a faulty Proof of Claim gives rise to a debtor’s right to sue under the Fair Debt Collection Practices Act (the “FDCPA”). The Bankruptcy Code permits a creditor to file a claim if, among other things, the creditor has a right to payment.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Berger Singerman LLP, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit
    Authors:
    Fred O. Goldberg
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Supreme Court Takes On Chapter 13 Bankruptcy Mess Created by FDCPA Ruling
    2016-10-13

    The Supreme Court of the United States has decided it will review the decision of the U.S. Court of Appeals for the Eleventh Circuit in Johnson v. Midland Funding LLC.

    A link to the docket is available here: Link to Docket.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit
    Authors:
    Brent Yarborough
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court to Hear Case Involving Interplay Between Fair Debt Collection Practices Act and Bankruptcy Code
    2016-10-13

    On October 11, 2016, the United States Supreme Court granted certiorari in the matter of Johnson v. Midland Funding LLC, on appeal from the Eleventh Circuit Court of Appeals, in order to resolve whether a conflict exists between the Fair Debt Collection Practices Act (“FDCPA”) and the Bankruptcy Code. In Midland Funding, the appellate court found a debt collector to have violated the FDCPA by filing a proof of claim on time-barred debt in a Chapter 13 bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Fair Debt Collection Practices Act 1977 (USA), Supreme Court of the United States, Eleventh Circuit
    Authors:
    Robert Hugh Ellis
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Eleventh Circuit Rules that Debtors Who Surrender Real Property in Bankruptcy Cannot Oppose Foreclosure
    2016-10-04

    On October 4, 2016, the Eleventh Circuit Court of Appeals ruled that chapter 7 debtors who file a statement of intention to surrender real property in bankruptcy cannot later contest a foreclosure action, and bankruptcy courts have broad power and authority to sanction violations. Failla v. CitiBank, N.A., case no. 15-15626 (11th Cir. October 4, 2016).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Burr & Forman LLP, Bankruptcy, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Bankruptcy Homeowners Cannot Surrender Residence in Bankruptcy and Later Fight Lender’s Foreclosure
    2016-10-06

    In a rare win for mortgage lenders, the 11th Circuit (controlling law in Florida, Georgia, and Alabama) ruled today that an owner who agrees to “surrender” their residence in bankruptcy court under 11 U.S.C. Section 521(a)(2)(A) also forfeits the right later to challenge any foreclosure proceedings on the property.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Citibank, Eleventh Circuit
    Authors:
    Mark J. Wolfson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    11th Cir. Holds Bankruptcy ‘Surrender’ Requires Debtor to Give Up All Rights in Collateral
    2016-10-07

    The U.S. Court of Appeals for the Eleventh Circuit recently held that the word “surrender” in the Bankruptcy Code, 11 U.S.C. § 521(a)(2), requires that debtors relinquish all of their rights to the collateral.

    In so ruling, the Court ordered the borrowers to “surrender” their house to the mortgagee in a foreclosure action, and held that the bankruptcy court had the authority to compel the borrowers to fulfill their mandatory duty under 11 U.S.C. § 521(a)(2) not to oppose a foreclosure action in state court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Debtor, Foreclosure, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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