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    Eleventh Circuit Sticks to its Guns: Expands Proofs of Claim Holding
    2016-06-02

    The Eleventh Circuit has made it clear: it will not back down from its decision in Crawford v. LVNV Funding, a decision it issued in 2014 and one which has been the subject of hot debate ever since.In Crawford, the Eleventh Circuit ruled that the filing of a proof of claim was an attempt to collect a debt and that the filing of a proof of claim on time barred debt violated the FDCPA. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Federal Reporter, Debt, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Bankruptcy Court in Chapter 15 Case Refuses to Extend Comity to Gibbs Rule in Enforcing Croatian Settlement Modifying English-Law Debt
    2019-04-16

    For more than a century, courts in England and Wales have refused to recognize or enforce foreign court judgments or proceedings that discharge or compromise debts governed by English law. In accordance with a rule (the "Gibbs Rule") stated in an 1890 decision by the English Court of Appeal, creditors holding debt governed by English law may still sue to recover the full amount of their debts in England even if such debts have been discharged or modified in connection with a non-U.K.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Federal Reporter, Debt, Comity, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    United Kingdom, USA
    Firm:
    Jones Day
    Third Circuit upholds denial of secured creditors’ right to credit bid under reorganization plan
    2010-03-25

    The U.S. Court of Appeals for the Third Circuit held, in a split decision, on March 22, 2010, that secured creditors do not have a statutory right to credit bid1 their debt at an asset sale conducted under a “cramdown” reorganization plan. In re Philadelphia Newspapers, LLC, et al., --- F.3d ----, 2010 WL 1006647 (3d Cir. March 22, 2010) (2-1).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Collateral (finance), Statutory interpretation, Federal Reporter, Limited liability company, Debt, Liability (financial accounting), Fair market value, Secured creditor, Secured loan, United States bankruptcy court, Third Circuit
    Authors:
    Michael L. Cook , Adam C. Harris , Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    In re Philadelphia Newspapers, LLC – uprooting three decades of secured creditor’s expectations?
    2010-03-30

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Interest, Federal Reporter, Debt, Fair market value, Secured creditor, Majority opinion, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    Third Circuit rules that plan of reorganization proposing a sale of assets free and clear of liens need not allow secured lenders to credit bid at the sale
    2010-04-06

    In a recent split decision, a 2-1 majority for the United States Court of Appeals for the Third Circuit ruled that a debtor’s plan of reorganization that proposes a sale of assets free and clear of liens is not necessarily required to allow creditors whose loans are secured by those assets to credit bid at the sale. The majority decision in In re Philadelphia Newspapers, LLC, Nos. 09-4266, 09-4349, 2010 WL 1006647 (3d Cir. Mar. 22, 2010), which follows a similar decision from the United States Court of Appeals for the Fifth Circuit (see Bank of N.Y. Trust Co., NA v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Federal Reporter, Debt, Personal property, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    John Hutton
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Section 337 advisory - the collision of Section 337 and the US bankruptcy laws
    2010-04-05

    Welcome to the latest issue of the Section 337 Update. This newsletter is designed to provide you with practical updates and developments on Section 337 proceedings before the US International Trade Commission.

    The Collision of Section 337 and the US Bankruptcy Laws

    Filed under:
    USA, Insolvency & Restructuring, Trade & Customs, Steptoe LLP, Bankruptcy, Debtor, Federal Reporter, Foreclosure, Liquidation, Welfare, US Congress, Samsung, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Steven J. Barber , George R. Calhoun V , Alice Alexandra Kipel , Tiffany A. Miller , Charles F. Schill
    Location:
    USA
    Firm:
    Steptoe LLP
    Coverage precluded by insolvency exclusion where claims arose out of bankruptcy of securities broker
    2010-04-19

    The United States District Court for the District of Connecticut, applying Connecticut law, has held that coverage under a bankers professional liability policy was precluded by the policy's insolvency exclusion where the underlying claims "arose out of" the bankruptcy of a third-party securities broker or dealer. Associated Community Bancorp, Inc. v. The Travelers Cos., 2010 WL 1416842 (D. Conn. Apr. 8, 2010). The court also held that coverage was barred by the professional services exclusion of the management liability coverage part of the policy.

    Filed under:
    USA, Connecticut, Banking, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Federal Reporter, Liquidation, Broker-dealer, Bank holding company, Investment company, Subsidiary, Second Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Second Circuit joins Ninth in permitting general unsecured creditors to include attorneys’ fees as part of their claim
    2010-04-28

    In Ogle v. Fidelity & Deposit Co. of Maryland, 586 F.3d 143 (2d Cir. 2009), the Second Circuit has now become the second circuit court of appeals to recently conclude that general unsecured creditors may include postpetition attorneys’ fees as part of their claim when attorneys’ fees are permitted by contract or applicable state law.11

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Debtor, Unsecured debt, Federal Reporter, Concession (contract), Default (finance), Attorney's fee, Unsecured creditor, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Third Circuit restricts lenders’ right to credit bid on collateral sold through a plan of reorganization
    2010-04-28

    The Third Circuit Court of Appeals dealt a blow to secured creditors in its recent decision holding that a debtor may prohibit a lender from credit bidding on its collateral in connection with a sale of assets under a plan of reorganization. In the case of In re Philadelphia Newspapers, LLC, No. 09-4266 (3d Cir. Mar. 22, 2010), the court, in a 2-1 decision, determined that a plan that provides secured lenders with the “indubitable equivalent” of their secured interest in an asset is not required to permit credit bidding when that asset is sold.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Collateral (finance), Interest, Federal Reporter, Limited liability company, Debt, Personal property, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Nobleman and Lane revisted - reminder that wholly unsecured mortgages on a debtor's principal residence can be avoided
    2010-05-07

    Many bankruptcy practitioners are familiar with the general tenet that an obligation secured only by a mortgage on the Debtor’s principal residence is immune from modification or avoidance by the Debtor. Sections 1123(b)(5) and 1322(b)(2) of the Bankruptcy Code protect residential mortgages from being “stripped-down” to the value of the subject real estate or subjecting the terms of the underlying obligation to modification.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Collateral (finance), Federal Reporter, Mortgage loan, Title 11 of the US Code, Supreme Court of the United States, Sixth Circuit
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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