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    Rescue financing –a positive result for lenders
    2011-03-16

    In a previous Financial Services Flash, we brought to your attention the decision of the United States Bankruptcy Court for the Southern District of Florida (the “Bankruptcy Court”) in the case ofIn re Tousa. In a decision that raised serious concerns for lenders in the United States, Justice Olson held that the first and second ranking secured lenders of Tousa Inc. (“Tousa”) did not act in good faith and were grossly negligent in providing Tousa with a secured loan less than six months before Tousa filed for bankruptcy.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Debtor, Negligence, Legal burden of proof, Good faith, Gross negligence, Secured loan, United States bankruptcy court, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Sixth Circuit denies claim to avoid mortgage based on allegedly defective certificates of acknowledgement
    2011-04-18

    In Hardesty v. CitiFinancial, Inc.,1 the Sixth Circuit affirmed the bankruptcy court’s denial of the trustee’s request to avoid the debtors’ mortgages with the creditor based on allegedly defective certificates of acknowledgement in the mortgage documents under Ohio law.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Mortgage loan, Legal burden of proof, Good faith, Capital punishment, Trustee, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Fradulent transfers
    2011-04-28

    Click here to view the webinar.

    Click here to download the PowerPoint.

    Click here to download the materials.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Nexsen Pruet, Debtor, Unsecured debt, Fraud, Division of property, Consideration, Debt, Legal burden of proof, Good faith, Conveyancing, Circumstantial evidence, US Code
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Impact of Chapter 9 on repayments of municipal debt
    2011-05-11

    We've all heard of Chapter 7 and Chapter 11 of the Bankruptcy Code, but what is Chapter 9? Chapter 9 provides a municipality protection from its creditors while it develops a plan to resolve or adjust its debts. Adjustment of a municipality's debt involves refinancing such debts to (i) extend the time to pay debt obligations or (ii) reduce the amount of interest on such obligations.

    Filed under:
    USA, Insolvency & Restructuring, Public, Calfee Halter & Griswold LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Liquidation, Good faith, Balance sheet, Refinancing, Cashflow, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Virginia D. Benjamin , Jean R. Robertson , Jennifer L. Roth
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP
    Don’t let bankruptcy scare you away from a good opportunity
    2011-05-10

    A recent bankruptcy case in Pennsylvania,In re Shubh Hotels Pittsburgh, LLC, 439 B.R. 637 (Bankr. W.D. Pa. 2010), held that as long as the “debtor-in-possession” exercises its sound business judgment when making its decision, the “debtor-in-possession” can enter into a new 15-year franchise agreement over the objection of the secured lender.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Leisure & Tourism, Litigation, Roetzel & Andress, Bankruptcy, Debtor, Limited liability company, Good faith, Due diligence, Franchise agreement, Business judgement rule, United States bankruptcy court
    Authors:
    Michael J. Carey
    Location:
    USA
    Firm:
    Roetzel & Andress
    Bankruptcy court’s solution to revive a plan based on failed substantive consolidation
    2011-05-23

    In general, substantive consolidation allows for the assets and liabilities of affiliated debtor entities to be consolidated and disbursed as if the assets were held and the liabilities were owed by a single legal entity. Unlike joint administration, which promotes procedural convenience and efficiency without affecting the substantive rights of creditors, substantive consolidation can force creditors of a solvent debtor to share in the debtors’ aggregate asset pool in parity with creditors of less solvent debtors.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Legal personality, Retail, Debtor, Unsecured debt, Brand, Accounting, Debt, Liability (financial accounting), Liquidation, Good faith, Consolidation (business), Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Looks like Fred Wilpon picked the wrong week to quit drinking
    2011-05-27

    The well known travails of Fred Wilpon, the principal owner of the New York Mets, have all converged this past week. He, his partner Saul Katz and their families and affiliated enterprises (the “Wilpon/Katz Group”) lost several hundred million dollars when Bernard Madoff’s long running Ponzi scheme finally unraveled at the height of the financial crisis in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Hedge funds, Liquidation, Good faith, Cashflow, Unsecured creditor, Lehman Brothers, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Second Circuit clarifies rules on gifting, designation, in DBSD
    2011-06-24

    Earlier this year, the U.S. Court of Appeals for the Second Circuit held that a proposed “gifting” plan distributing value from the second lien lenders to the prepetition equity holder violated the absolute priority rule and was confirmed in error.2 This decision, by a 2-1 panel vote,3 reversed the decisions of the Bankruptcy and District Courts for the Southern District of New York. The Second Circuit also affirmed unanimously the designation of the vote of an indirect competitor of the debtor that held no claims prior to the petition date.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Interest, Debt, Good faith, Voting, Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Unauthorized transfer and deed of trust in LLC property is void, lender loses its security
    2011-06-24

    A theme running through many apparent-authority cases is the question of who loses: for example, the LLC whose property was used to secure unauthorized, personal borrowings by a member or manager, or the bank that in good faith made the loan to the malefactor? Often the recipient of the funds has used the money for personal matters and is essentially judgment proof.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoel Rives LLP, Bankruptcy, Debtor, Limited liability company, Deed, Good faith, Conveyancing, Deed of trust (real estate), United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Act in good faith or else: the limits of the automatic stay
    2015-05-12

    Upon the filing of a bankruptcy petition, an automatic stay goes into effect which provides a debtor with immediate protection from collection efforts by creditors. But the automatic stay is not without limitations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Debtor, Foreclosure, Good faith, United States bankruptcy court, Sixth Circuit
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC

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