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    Improper involuntary bankruptcy petition gives rise to award of counsel fees
    2010-06-16

    In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Recovery from dissolved corporation's liability insurer barred by foreign survival statute
    2013-02-26

    The recent case ofGreb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending against actions brought in California.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Hinshaw & Culbertson LLP, Delaware General Corporation Law, California Supreme Court
    Authors:
    James A. Hazlehurst , Edwin A. Oster , Robert K. Renner
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Attorney fee award to debtor is affirmed where creditor's "reasonable reliance" claims have no merit
    2013-02-01

    In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee award was given to the debtor arising from adversary proceedings initiated by a creditor, a commercial bank.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Debtor, Bankruptcy Appellate Panel
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Attorney fees incurred to defend the bankruptcy court's stay violation order are subject to recovery
    2012-07-23

    In Schwartz-Tallard v. America's Servincing Co.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Bankruptcy, Debtor, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Counsel's mistaken decision constituted good cause to extend the deadline for filing of a fee petition
    2012-02-28

    In Lewow v. Surfside III Condominium Owners’ Assn.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Bankruptcy, Attorney's fee, California courts of appeal
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Fee award rendered against prisoner for maintaining frivolous litigation is not subject to discharge under the Federal Bankruptcy Code
    2012-02-09

    In Searcy v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Frivolous litigation, Attorney's fee, Bankruptcy discharge, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    NAIC working group proposes controversial plan for implementing ORSA reporting requirement
    2011-11-03

    On November 2nd, the Group Solvency Issues Working Group (“GSIWG”) met at the National Association of Insurance Commissioners' (NAIC) Fall National Meeting to discuss the latest exposure draft of the NAIC Own Risk and Solvency Assessment (“ORSA”) Guidan

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Hinshaw & Culbertson LLP, Legal personality, Capital requirement, National Association of Insurance Commissioners, Constitutional amendment
    Authors:
    Dennis C. Quinn
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Are insurance adjusters eligible for overtime pay to be decided by California Supreme Court
    2011-10-17

    On October 3, 2011, the California Supreme Court heard argument in Francis Harris et al v. Superior Court, Case No. S156555. The issue here is whether insurance adjusters should be eligible for overtime pay under California’s wage and hour laws.

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Tax exemption, Wage, Dissenting opinion, US Federal Government, Liberty Mutual, California Supreme Court, California courts of appeal
    Authors:
    Michael Newman
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
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