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    How to reclaim something that isn’t there: a creative way around § 546(c)
    2011-07-12

    Back in the mists of time, a seller that had a valid reclamation claim but was denied the return of its goods was entitled to an administrative expense claim (a claim with a higher priority than a general unsecured claim and thus a better chance of getting paid) or a lien on the debtor’s assets. The 2005 amendment to § 546(c) of the Bankruptcy Code changed all that by stripping away those alternative remedies.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Interest, Covenant (law), Mortgage loan, Right of first refusal, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia, Insurance commissioner
    Location:
    USA
    Firm:
    Dentons

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