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    Emotional distress damages recoverable for violation of bankruptcy automatic stay
    2014-05-08

    In Lodge v. Kondaur Capital Corp., Case No. 13-10919 (decided May 8, 2014), the United States Court of Appeals for the Eleventh Circuit decided an issue that it never previously addressed: whether a party could recover damages under 11 U.S.C. § 362(k) for emotional distress resulting from another party’s violation of the automatic stay in bankruptcy. In Lodge, the Court held that such damages were recoverable but could not be recovered in the particular circumstances of that case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith, Gambrell & Russell, LLP, Bankruptcy, Foreclosure, Eleventh Circuit
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    Florida state cases - 28/04/2014
    2014-04-28
    • Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which property was to be ready for occupation – 326-330 St. Armands Circle, LLC v. GEE22, LLC, No. 2D12-2395 (Fla.
    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Carlton Fields, Breach of contract, Statute of limitations, Foreclosure, Remand (court procedure), Liquidated damages, Deutsche Bank
    Authors:
    Jourdan R. Haynes , Ilan A. Nieuchowicz
    Location:
    USA
    Firm:
    Carlton Fields
    West Virginia bankruptcy courts split on when foreclosure sale is final
    2014-03-14

    As seen in The Community Banker

    Filed under:
    USA, Virginia, West Virginia, Insolvency & Restructuring, Litigation, Real Estate, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Foreclosure, Deed, Trustee, United States bankruptcy court
    Authors:
    David M. Thomas , Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    No surcharge for you: Third Circuit rules that section 506(c) surcharge is "sharply limited"
    2014-01-31

    The ability to "surcharge" a secured creditor's collateral in bankruptcy is an important resource available to a bankruptcy trustee or chapter 11 debtor in possession ("DIP"), particularly in cases where there is little or no equity in the estate to pay administrative costs, such as the fees and expenses of estate-retained professionals. However, as demonstrated by a ruling handed down by the Third Circuit Court of Appeals, the circumstances under which collateral may be surcharged are narrow. In In re Towne, Inc., 2013 BL 232068 (3d Cir. Aug.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Collateral (finance), Foreclosure, Secured creditor, Third Circuit
    Authors:
    Lauren M. Buonome , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    E.D.N.C. Bankruptcy Court rules that borrower can raise unfair and deceptive trade practices claims against lender based on refusal to modify loan
    2014-01-17

    Does a lender have a duty to act in good faith when negotiating with a  borrower during a commercial loan modification?  In an order issued recently by the United States Bankruptcy Court for the Eastern District of North Carolina, in In re: Burcam Capital II, LLC, the court denied a lender’s motion to dismiss a borrower’s claims against the lender.  The Borrower alleged that the lender’s failure to modify the terms of the loan constituted a breach of the lender’s obligation to deal with the borrower in good faith, as well as an unfair or deceptive trade practice.&nbs

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Debtor, Asset management, Foreclosure, Good faith, United States bankruptcy court
    Authors:
    Christopher H. Roede , Jill C. Walters
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    What's "commercially reasonable" for Article 9 foreclosure sales?
    2014-01-16

    Since the financial crisis, sales under Section 363 of the Bankruptcy Code have provided an increasingly popular way for secured creditors of distressed businesses to recover their loans.  However, despite the advantages of Section 363 sales, the significant expense and time required to conduct a Bankruptcy sale has caused secured creditors to pursue less comprehensive solutions.  One alternative for recouping value from a troubled loan is an Article 9 foreclosure sale under the Uniform Commercial Code (UCC).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Blank Rome LLP, Collateral (finance), Fiduciary, Foreclosure, Uniform Commercial Code (USA)
    Authors:
    Ramesh Dhanaraj
    Location:
    USA
    Firm:
    Blank Rome LLP
    New York court enforces springing recourse guaranty despite one action rule
    2013-12-20

    A recent New York trial court decision upheld a common full recourse trigger in a non recourse carve-out guaranty by holding that a voluntary bankruptcy filing by the borrower enabled the lender to seek immediate full repayment from the guarantor under the terms of the guaranty, even though the loan was subject to New York State's "one action rule" and the lender had pursued a foreclosure action against the property securing the loan.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Otten Johnson Robinson Neff + Ragonetti PC, Bankruptcy, Surety, Debtor, Foreclosure, Default (finance)
    Authors:
    Kyle R. Blackmer , Kevin A. Gliwa , Victoria L. Hellmer
    Location:
    USA
    Firm:
    Otten Johnson Robinson Neff + Ragonetti PC
    Lender’s use of debtor’s valuation judicially estops lender from making value objection
    2013-12-11

    In re Investors Lending Group, LLC, 489 B.R. 307 (Bankr. S.D. Ga. 2013)

    CASE  SNAPSHOT

    The secured lender was judicially estopped from objecting to the valuation of parcels of land that the debtor proposed to surrender to the secured creditor through its plan of reorganization because the debtor used the valuations provided by the secured lender’s appraiser.

    FACTUAL  BACKGROUND

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Collateral (finance), Foreclosure, Fair market value, Secured creditor
    Authors:
    Jared S. Roach
    Location:
    USA
    Firm:
    Reed Smith LLP
    Delaware Chancery Court evaluates ‘public, commercially reasonable’ foreclosure sale under UCC
    2013-12-11

    Edgewater Growth Capital Partners LP v. H.I.G. Capital, Inc., 68 A.3d 197 (2013)

    CASE SNAPSHOT

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Foreclosure, Default (finance), Uniform Commercial Code (USA), Delaware Court of Chancery
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Fannie Mae updates standard deed-in-lieu of foreclosure requirements
    2013-10-18

    On October 17, Fannie Mae issued Servicing Guide Announcement SVC-2013-21, which revises servicers’ responsibilities in finalizing standard deed-in-lieu of foreclosures (DILs).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Orrick, Herrington & Sutcliffe LLP, Foreclosure
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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