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    Electronic filings and actual notice
    2010-02-01

    On January 28th, the Ninth Circuit addressed the issue of whether a Chapter 7 bankruptcy trustee had actual notice of an unrecorded refinanced mortgage when the bankruptcy petition was electronically filed simultaneously with schedules listing the mortgage as a secured debt. The Court held that the trustee lacked actual notice. The Court found that the filing of the petition was a separate event from the filing of the schedules. The trustee was therefore a bona fide purchaser for value without notice and under state bona fide purchaser law, the trustee could avoid the unrecorded mortgage.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debt, Mortgage loan, Deed, Good faith, Refinancing, Conveyancing, Secured loan, Trustee, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    California court clarifies directors’ duties when a corporation is insolvent or in the zone of insolvency
    2010-02-28

    On October 29, 2009, the California Court of Appeal, Sixth District, in Berg & Berg Enterprises, LLC v. Boyle, et al., unequivocally ruled that, under California law, directors of either an insolvent corporation or a corporation in the more elusively defined “zone of insolvency” do not owe a fiduciary duty of care or loyalty to creditors. In so ruling, California joins Delaware in clarifying directors’ duties when the corporation is insolvent or in the zone of insolvency.

    Background

    Filed under:
    USA, California, Company & Commercial, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Shareholder, Breach of contract, Fiduciary, Board of directors, Good faith, Duty of care, Delaware Court of Chancery, California courts of appeal, US District Court for Northern District of California
    Authors:
    Gary O. Ravert , Jeffrey Rothschild
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Acting at your peril: missing a claim filing deadline in New York can be costly
    2011-07-25

    While 90 percent of life may be just showing up, showing up late may be just as bad as never showing up at all. Just ask two creditors who were told for the second time they cannot file claims in the Lehman Brothers bankruptcy case because they filed their claims too late.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Good faith, Prejudice, Lehman Brothers cases, Lehman Brothers, Second Circuit, United States bankruptcy court, Eleventh Circuit, Third Circuit
    Authors:
    Donald A. Workman , Dena S. Kessler
    Location:
    USA
    Firm:
    BakerHostetler
    No right of avoidance for German insolvency administrators acting in breach of good faith
    2024-04-08

    An insolvency administrator may lose their right to restitution arising from an insolvency avoidance if they are prevented from exercising the right in good faith by their conduct in the context of the conclusion of a redemption agreement, by which the creditor (and opposing party) waives rights to separate satisfaction.

    Decision

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Good faith, Insolvency
    Authors:
    Lisa Katrin Iwersen
    Location:
    Germany
    Firm:
    Taylor Wessing
    Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing “Good Faith” Under 1112(b) Requires Financial Distress
    2023-02-09

    Executive Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Good faith, Third Circuit, U.S. Court of Appeals
    Authors:
    Ingrid Bagby , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit Dismisses J&J Affiliate LTL’s Talc Liability Chapter 11 Filing; “Good Faith” Under 1112(b) Requires Financial Distress
    2023-02-09

    Executive Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Good faith, Third Circuit, U.S. Court of Appeals
    Authors:
    Ingrid Bagby , Michele C. Maman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit Dismisses J&J Bankruptcy Case for Lack of Good Faith
    2023-02-06

    “The theme is clear: absent financial distress, there is no reason for Chapter 11 and no valid bankruptcy purpose.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Good faith, Johnson & Johnson, Third Circuit
    Authors:
    Douglas S. Mintz , Kelly (Bucky) Knight
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Plan Not In “Good Faith” When Impairment of Class’s Interests Is Contrived
    2016-02-05

    Under the Bankruptcy Code, a reorganization plan may be approved if (1) proposed in “good faith” under  § 1129(a)(3), and (2) accepted by at least one class of creditors whose interests are impaired by the plan, see 11 U.S.C. § 1129(a)(10). In Village Green I, GP v. Fed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Good faith
    Authors:
    Larisa Vaysman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Supreme Court protects third parties in good faith against those acting without formal power of representation
    2015-03-18

    The facts are as follows: an insolvency creditor challenged the decision of the administrator in bankruptcy of a company about not recognizing its credit. The credit derived from a guarantee granted to secure a promissory note from a company belonging to the group of the insolvent company.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Good faith
    Authors:
    Fernando González
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs

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