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    Bitcoin exchange Mt. Gox files for bankruptcy protection; may have broader implications for digital currency industry
    2014-03-03

    In its bankruptcy filing under Japan's Civil Rehabilitation Law, Mt. Gox claims 6.5 billion yen, or around $64 million, in liabilities and 3.84 billion yen, or around $38 million, in assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Duane Morris LLP, Bankruptcy, Bitcoin
    Authors:
    James G. Schu, Jr. , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    Japan, USA
    Firm:
    Duane Morris LLP
    The Pennsylvania Commonwealth Court approves liquidation of First Sealord Surety Insurance, and bonds issued by this surety will terminate within 30 days
    2012-02-09

    On February 8, 2012, the Pennsylvania Insurance Department (the “Department”) announced that the Pennsylvania Commonwealth Court approved its petition to liquidate First Sealord Surety Insurance. 

    According to the Department's Commissioner, Michael Consedine, the Department petitioned the Commonwealth Court for a liquidation order because “First Sealord Surety is no longer able to meet its policyholder obligations or pay its debts as they come due.”

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Bond (finance), Surety, Liquidation
    Location:
    USA
    Firm:
    Duane Morris LLP
    Consumer Financial Protection Bureau Issues Final Rule Implementing Fair Debt Collection Practices Act
    2020-11-10

    Alerts and Updates

    The rule becomes effective one year after it is published in the Federal Register.

    On October 30, 2020, the Consumer Financial Protection Bureau (CFPB) issued a final rule revising Regulation F, 12 CFR part 1006, which implements the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (FDCPA).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    A Landlord’s Primer For An Uncertain Retail Environment
    2020-04-07

    Landlords are often among the very first to feel the impacts of their tenant’s financial woes. In today’s unpredictable economic environment, many businesses are forced to shut their stores temporarily while the risks of COVID-19 continue to play out. Within the last few days many large and small retailers have unilaterally announced publicly that they would not be paying upcoming rent. In these unprecedented times, landlords must be aware of the risks they face in light of what is certain to be a previously unheard of level of tenant defaults.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Landlord, Coronavirus, Title 11 of the US Code
    Authors:
    Frederick D. (Rick) Hyman
    Location:
    USA
    Firm:
    Duane Morris LLP
    First Circuit Rejects Seventh Circuit’s Approach to Rejection of Trademark Licenses: Licensees Retain No Post-Rejection Trademark Rights
    2018-01-25

    In one of the first decisions issued this year by the United States Court of Appeals for the First Circuit, the court addressed an issue of first impression. In Mission Products Holdings, Inc. v. Tempnology, LLC, n/k/a Old Cold LLC, No. 16-9016 (1st Cir. Jan. 12, 2018), the First Circuit held that the omission of trademarks from the definition of “intellectual property” in Section 101(35A) of the Bankruptcy Code, as incorporated by Section 365(n), leaves a trademark licensee with nothing more than a claim for damages upon the rejection of its license under Section 365(a).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Duane Morris LLP, United States bankruptcy court, Seventh Circuit, First Circuit
    Location:
    USA
    Firm:
    Duane Morris LLP
    Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
    2016-08-18

    In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors. Recently, the U.S. District Court for the Northern District of Illinois, in Colfin Bulls Funding A v. Paloian (In re Dvorkin Holdings), 547 B.R. 880 (N.D. Ill.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Discovery, Default (finance), US Congress, The Legal Intelligencer, United States bankruptcy court, US District Court for Northern District of Illinois
    Authors:
    Rudolph J. Di Massa, Jr. , Lawrence J. Kotler , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    'Authority' to terminate financing statements under UCC
    2015-08-07

    On Jan. 21, in Official Committee of Unsecured Creditors of Motors Liquidation v. JPMorgan Chase Bank (In re Motors Liquidation), No. 13-2187, (2d Cir. Jan. 21, 2015), the U.S. Court of Appeals for the Second Circuit addressed whether a UCC-3 termination statement, which was improperly filed as part of the repayment of an unrelated loan, may be considered effective to terminate the security interest in question, even where none of the parties intended that result.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Uniform Commercial Code (USA), Delaware Supreme Court
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy appellate panel for Eighth Circuit reaffirms it is not the forum for debtors in pending bankruptcy cases to take second bite at the apple
    2014-02-21

    Last week, the 8th Circuit B.A.P. affirmed, first noting that criminal judgments, including restitution awards and liens, are afforded special protection from bankruptcy discharge.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Bankruptcy discharge, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    James G. Schu, Jr. , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    DCED petitions court to appoint receiver for Harrisburg
    2011-11-23

    Department of Community and Economic Development (DCED) Secretary C. Alan Walker filed a petition with the Commonwealth Court to appoint David Unkovic as the receiver for the financially distressed state capital, Harrisburg.

    The city’s failure to come to an agreement on an acceptable recovery plan has forced the commonwealth to take this action,‖ Governor Tom Corbett said in a statement. ―As more time goes by without action, the city’s financial situation continues to get worse.‖

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Public, Duane Morris LLP, Commonwealth Court of Pennsylvania
    Location:
    USA
    Firm:
    Duane Morris LLP
    Ultra Petroleum Bankruptcy Court Allows Make-Whole Claim and Post-Petition Default Interest
    2020-11-09

    Alerts and Updates

    The opinion is significant for a number of reasons, not least of which is that the Bankruptcy Court held that a make-whole premium is not a claim for unmatured interest as the Court of Appeals had intimated.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP

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