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    Seventh Circuit: failure to file proof of claim does not foreclose your rights
    2011-08-30

    The Bottom Line:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Budget, Debt, Mortgage loan, Foreclosure, Secured creditor, In rem jurisdiction, US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Foreclosure sale of non-debtor's property voided as violation of automatic stay
    2011-08-22

    Lenders and mortgage holders may be surprised to learn that a New York bankruptcy court voided the foreclosure sale of non-debtor property where the debtor filed for bankruptcy with no legitimate intent to reorganize. In a case of first impression, In re Ebadi1 addresses a common scenario: a foreclosure action against multiple parties, including a borrower not in bankruptcy and a guarantor in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Punitive damages, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, Vacated judgment, Default (finance), United States bankruptcy court
    Authors:
    Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Flamingo court holds joint venturer can't feather claims nest
    2011-08-10

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Surety, Debtor, Limited liability company, Foreclosure, Joint and several liability, US Code, Trustee, Ninth Circuit, United States bankruptcy court
    Authors:
    Anita Wong
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Weathering the storm: bankruptcy court permits minimal artificial impairment and applies investment band approach to determine the cram-down rate under Till
    2011-08-11

    Bankruptcy Judge Michael Lynn of the Northern District of Texas recently issued a noteworthy opinion in In re Village at Camp Bowie I, L.P. that addresses two important Chapter 11 confirmation issues. Judge Lynn determined that a plan that artificially impaired a class of claims in order to meet the requirements of section 1129(a)(10) had not been proposed in bad faith and did not violate the requirements of section 1129(a). In his ruling, Judge Lynn also applied the Supreme Court’s cram-down “interest”1 rate teachings in Till v.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Credit (finance), Debtor, Unsecured debt, Interest, Foreclosure, Good faith, Bad faith, Default (finance), Title 11 of the US Code, United States bankruptcy court, US District Court for Northern District of Texas
    Authors:
    Ian T. Peck , Stephen Pezanosky , Jarom Yates
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Creditors beware: in Argentine bankruptcies, employees now call the shots
    2011-08-15

    Argentine debtors are now subject to employee take-over under the nation’s recently amended bankruptcy code, signed into law by the nation’s President, Cristina Fernandez de Kirchner. Argentine Bankruptcy Law 24,522 as amended by Law No. 26,684,1 allows employees of a bankrupt company who have established a union or cooperative to (i) suspend the enforcement of claims that are filed by creditors for up to 2 years and (ii) ask the judge to appoint the cooperative as the successor to the debtor’s management.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Bracewell LLP, Bankruptcy, Credit (finance), Debtor, Foreclosure, Liability (financial accounting), Liquidation
    Location:
    USA
    Firm:
    Bracewell LLP
    Creditor carries burden of proof in claims dispute
    2007-02-19

    In Litton Loan Servicing, LP v. Garvida, No. 04-17846 (9th Cir. BAP July 31, 2006), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for Ninth Circuit addressed two independent but related questions: (1) what procedure is necessary to object to a properly filed proof of claim, and (2) who bears the burden of proof, and the correlative risk of nonpersuasion, with regard to a disputed claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Debt, Mortgage loan, Foreclosure, Legal burden of proof, Refinancing, Prima facie, Accrued interest, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP
    Lake Michigan Part II: Bad Faith Analysis
    2016-05-05

    Last week we blogged about 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Foreclosure, Bad faith, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Improper Calculation of Postpetition Interest Leads to Reversal of a Confirmation Order
    2016-04-19

    Postpetition interest is a thorny area of bankruptcy law.  The myriad rules, coupled with the inconsistent way in which they are often applied, provide fodder for litigation and opportunity for confusion.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Interest, Foreclosure, Wells Fargo, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The District of Massachusetts Calls for Review of Practice of “Surrendering” Underwater Property
    2016-04-13

    For secured lenders, a consumer debtor’s chapter 13 bankruptcy filing can be a mixed bag.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Real Estate, Murtha Cullina LLP, Bankruptcy, Debtor, Foreclosure, Deed
    Authors:
    Spencer A. Stone , Sarah Gruber , Robert E. Kaelin
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    Florida Bankruptcy Court Denies Mortgagee’s Motion to Reopen Chapter 7 Case
    2016-02-09

    The U.S. Bankruptcy Court for the Southern District of Florida recently denied a mortgagee’s motion to reopen a Chapter 7 case to compel the surrender of real property, due to a five-year delay in filing the motion.

    In so ruling, the court agreed with an earlier ruling from the U.S. Bankruptcy Court for the Middle District of Florida (In re Plummer, 513 B.R. 135 (Bankr. M.D. Fla. 2014)), distinguishing “surrender” from “foreclosure,” and holding that a creditor cannot use the Bankruptcy Code to circumvent the obligations imposed by state law.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Foreclosure, United States bankruptcy court
    Authors:
    Thomas R. Dominczyk
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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