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    Court rejects noteholder’s attempt to circumvent indenture no-action clause
    2012-03-01

    In a recent case, RBC Capital Markets, LLC v. Education Loan Trust IV et al., 2011 WL 6152282 (Del. Ch. Dec. 6, 2011), a holder of notes issued under an indenture claimed that the issuer caused the trust to pay excess and unauthorized fees that allegedly reduced the amount of interest payments to the noteholder.

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, ArentFox Schiff, Interest
    Authors:
    Andrew I. Silfen , Leah M. Eisenberg
    Location:
    USA
    Firm:
    ArentFox Schiff
    Amendments to Rule 2019: to join or not to join
    2012-02-01

    New amendments to Federal Rule of Bankruptcy Procedure 2019 were recently adopted in an attempt to clarify requirements surrounding file 2019 statements in Chapter 11 bankruptcy cases.

    Prior to the amendments, which were adopted Dec. 1, 2011, Rule 2019 was often applied in an inconsistent haphazard manner resulting in a great deal of uncertainty regarding who was required to file the statement and under what circumstances that statement was required to be filed.  

    The Original Rule 2019

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Drinker Biddle & Reath LLP, Bankruptcy, Interest
    Authors:
    Andrew E. Weissman
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
    Liquidating trusts: a discussion of SEC reporting and registration requirements
    2012-01-13

    There has been a high volume of bankruptcy filings over the last three years of the economic downturn and they do not show any signs of letting up.  Whether it is Hostess Brands—with the future of Twinkies at risk, the prospect of iconic Kodak in the Bankruptcy Court or

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Foley & Lardner LLP, Bankruptcy, Interest, Liquidation, Securities Exchange Act 1934 (USA)
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Actual conflict of interest required to disqualify legal counsel under Section 327
    2011-12-19

    In re The Colonial BancGroup, Inc., 2011 WL 2792477 (Bankr. M.D. Ala. July 15, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Conflict of interest, Bankruptcy, Debtor, Interest
    Authors:
    Jared S. Roach
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court upholds ipso facto clause and default interest rate
    2011-12-19

    In re General Growth Props., Inc., Case No. 09-11977 (ALG), 2011 BL 189724 (Bankr. S.D.N.Y. July 20, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Interest, Default (finance)
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Charging order protection for multi-member and single-member LLCs
    2011-12-09

    In the course of their business, bankers routinely encounter single member limited liability companies ("SMLLCs"), entities commonly used in real estate and small businesses. Despite the prevalence of SMLLCs, there is a fundamental legal uncertainty as to whether the assets of an SMLLC share the same level of protection from its member's creditors as is provided to the assets of a multi-member LLC through the charging order remedy.

    Filed under:
    USA, Colorado, Florida, Kansas, Ohio, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Debtor, Interest, Limited liability company
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Kansas court broadens charging order against single-member LLC
    2011-12-02

    Judgment creditors of LLC members usually have the right under state law to obtain a charging order against a member’s LLC interest. A charging order mandates that any distributions by the LLC that would otherwise be made to the member be paid instead to the creditor. The charging order provides no benefit, though, if no distributions are made to the LLC’s members. And if the judgment debtor is the only member of the LLC, it’s unlikely that he or she will cause the LLC to make distributions, since those would have to go to the creditor.

    Filed under:
    USA, Kansas, Company & Commercial, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Interest, Limited liability company
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Sixth Circuit avoids bank's lien interest in manufactured home
    2011-11-21

    The case of In re Dickson, 655 F.3d 585 (6th Cir. 2011) centered on the status of the debtor’s manufactured home under Kentucky law.  In Kentucky, a manufactured home is considered personal property.  As such, in order for a lien to be effective, it must be noted on the certificate of title.  A manufactured home may be converted to real property, however, if the owner files an affidavit that states it is permanently affixed to real estate and then surrenders title.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Debtor, Interest, Personal property, Sixth Circuit
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    IRS issues final regulations on partnership equity for debt exchanges
    2011-11-21

    On November 17, 2011 the IRS issued final Treasury Regulations (the “Final Regulations”) that address the tax consequences of a debtor partnership’s issuance of equity in satisfaction of a debt obligation (a “Partnership Equity-for-Debt Exchange”). The Final Regulations provide debtor partnerships, their partners and creditors with welcome clarity regarding the federal income tax consequences of such restructuring. 

    Filed under:
    USA, Insolvency & Restructuring, Tax, Bracewell LLP, Debtor, Interest, Debt, Fair market value, Internal Revenue Code (USA)
    Authors:
    Elizabeth L. McGinley
    Location:
    USA
    Firm:
    Bracewell LLP
    Treasury issues final regulations on partnership interests transferred to creditor in debt-for-equity exchange
    2011-11-21

    On November 15, 2011, the U.S. Internal Revenue Service ("IRS") and the U.S. Department of Treasury ("Treasury") issued final regulations under Section1 108(e)(8) and certain other Sections relating to the application of Section 108(e)(8) to partnerships (collectively, the "Final Regulations").

    Filed under:
    USA, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Debt, Liquidation, Fair market value, Internal Revenue Service (USA)
    Authors:
    Lisa M. Pekkala , Timothy J. Santoli
    Location:
    USA
    Firm:
    Dentons

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