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    LLP: when is a partnership not a partnership (and who cares)?
    2014-10-14

    In re Beltway Law Group, LLP, 514 B.R. 341 (Bankr. D. D.C. 2014) –

    A managing partner filed an involuntary chapter 7 petition against a professional limited liability partnership. The bankruptcy court denied the petition and dismissed the case based on its interpretation that the entity was a corporation and not a partnership for purposes of the Bankruptcy Code.

    Filed under:
    USA, District of Columbia, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Limited liability partnership
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage enforcement: dot those “I”s and cross those “t”s – or else
    2014-08-19

    In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) –

    A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage, the foreclosure expenses were not valid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    “Vacuous” landlord lien claim: there are limits to advocacy
    2012-10-18

    Huntington Nat’l Bank v. Bruinsma (In re Kentwood Pharmacy, L.L.C.) 478 B.R. 602 (Bankr. W.D. Mich. 2012) –

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Landlord, Personal property, Common law
    Location:
    USA
    Firm:
    Troutman Pepper
    Chapter 11 secured loans: “lien stripping” lives
    2012-08-21

    In re Heritage Highgate, Inc., 679 F.3d 132 (3rd Cir. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy court validates sale process in Lehman’s multi-billion-dollar ‘windfall’ suit against Barclays Capital - decision highlights extraordinary burden required to overturn a section 363 bankruptcy sale
    2011-03-07

    In a long-awaited decision released on February 22, 2011, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled in favor of Barclays Capital in Lehman Brothers Holding Inc.’s multi-billion-dollar lawsuit arising out of the sale of Lehman’s investment banking and brokerage assets, which occurred in September of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Security (finance), Board of directors, Investment banking, Systemic risk, Brokerage firm, Title 11 of the US Code, Barclays, Lehman Brothers, United States bankruptcy court
    Authors:
    Leon R. Barson , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    Tenth Circuit Affirms Order Allowing Discharge of Private Student Loans
    2020-09-04

    On August 31, 2020, the Tenth Circuit affirmed the United States Bankruptcy Court for the District of Colorado’s holding that certain student loans not guaranteed by a governmental unit may be discharged in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Tenth Circuit
    Authors:
    Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Third Circuit Court of Appeals Upholds Motion for Summary Judgment in FDCPA Case
    2019-10-28

    In a non-precedential ruling, the Court of Appeals for the Third Circuit upheld a district court decision to grant summary judgment in favor of a defendant that was sued for violating the Fair Debt Collection Practices Act.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    FERC Claims Concurrent Jurisdiction Over Wholesale Power Agreements in PG&E Bankruptcy Dispute
    2019-01-30

    In orders issued on January 25 and 28, 2019, FERC concluded that the Commission and the bankruptcy courts have concurrent jurisdiction to review and address the disposition of FERC-jurisdictional contracts sought to be rejected through bankruptcy and, therefore, a party to a FERC-jurisdictional wholesale power agreement must first obtain approval from both FERC and the bankruptcy court to modify the filed rate and reject the filed wholesale power contract, respectively. FERC made its determination in response to two separate petitions (“Petitions”) filed by NextEra Energy, Inc.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Federal Power Act 1920 (USA), FERC, United States bankruptcy court
    Authors:
    Miles Kiger
    Location:
    USA
    Firm:
    Troutman Pepper
    Unredeemed Gift Card Holders Denied Bankruptcy Priority Status
    2016-09-16

    The Legal Intelligencer

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper

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