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    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Attorney fees: following local law can mean the difference between collecting or not
    2015-02-10

    Southside, LLC v SunTrust Bank (In re Southside, LLC), 520 B.R. 914 (Bankr. N.D. Ga. 2014) –

    A debtor objected to attorney fees included in the proof of claim filed by a mortgagee, and the mortgagee moved for relief from the automatic stay to exercise its rights under a security deed securing the debtor’s guaranty based in part on the debtor’s lack of equity in the property.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Real estate cases: bad faith filing does not necessarily mean that you are a bad person
    2015-01-27

    n re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) –

    A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed bankruptcy in bad faith, and that this was a “single asset real estate” case subject to special provisions regarding its entitlement to relief from the stay.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bad faith
    Location:
    USA
    Firm:
    Troutman Pepper
    Bank for sale – involuntary petition against bank holding company sustained
    2014-09-19

    During the 2008 financial crisis and its aftermath, it became commonplace for a distressed bank to be taken over(night) by the Federal Deposit Insurance Corporation (FDIC) and then sold, that same day, to another bank (or bank holding company) that agreed to take on the depository liability associated with the failed bank in exchange for its assets (and customer base). Some banks, however, survived the tidal wave of takeovers.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Bank holding company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits
    2014-01-07

    In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a question of first impression: “whether under ERISA the trustee of a corporation that is a contributing sponsor and is in bankruptcy can maintain an action for the benefit of the bankruptcy estate and the estate’s unsecured creditors against the corporation’s former owner … for liabilities arising from the termination of a pension plan.” Opinion, p. 5. The Court held that the answer is “no.”

    Filed under:
    USA, Georgia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Smith, Gambrell & Russell, LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Pension Benefit Guaranty Corporation, Eleventh Circuit
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    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
    In re Putnal: adequately protecting postpetition rents
    2013-09-30

    Section 552(b)(2) of the Bankruptcy Code provides that if a creditor prior to bankruptcy obtained a security interest in rents paid to the debtor, that security interest extends to postpetition rents to the extent provided in the security agreement. Courts have disagreed, however, on the question of whether the debtor must provide adequate protection with respect to such postpetition rents. The resolution of this issue typically determines whether the debtor may use a portion of the postpetition rents that it receives to fund the administrative costs of its bankruptcy.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, Debtor
    Authors:
    Oliver S. Zeltner
    Location:
    USA
    Firm:
    Jones Day
    Assigned rents cannot be used to administer debtor’s bankruptcy
    2013-07-23

    Georgia court rejects “replacement lien” as adequate protection.

    A federal district court in Georgia recently ruled that a financial institution creditor in a Chapter 11 case had separate, distinct security interests in both the rental property on which it had accepted a mortgage and that property’s rental income by virtue of an assignment of rents from the debtor.

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Adams and Reese LLP, Bankruptcy, Debtor, Interest
    Authors:
    Richard P. Carmody
    Location:
    USA
    Firm:
    Adams and Reese LLP
    Judgment creditor collaterally estopped by default judgment against insured
    2013-05-20

    The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a rescission action precluded any subsequent recovery under the policy by a judgment creditor of the insured. Old Republic Nat’l Title Ins. Co. v. Hartford Accident & Indem. Co., 2013 WL 1943427 (N.D. Ga. May 9, 2013).

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Consent decree, Default judgment, Estoppel
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Georgia bankruptcy court: FDIC may sue officer of failed bank, notwithstanding his bankruptcy, if defense and recovery limited to D&O insurance
    2012-08-28

    A Georgia bankruptcy court has held that notwithstanding the discharge of an individual in his individual bankruptcy proceeding, the Federal Deposit Insurance Corporation (FDIC) may file suit against the individual as a former officer of a failed bank so long as the applicable D&O policy covers defense costs and the FDIC’s recovery is limited to insurance proceeds.  In re Hayden, 2012 WL 3597422 (Bankr. N.D. Ga. July 6, 2012).

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Bankruptcy discharge, Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP

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