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    New Cause of Action from Business Court?
    2016-05-17

    CentsAbility: Creditors' Rights Law Update

    In a recent case from the Business Court in Brunswick County, a North Carolina Judge held that Defendants could assert a claim for breach of the duty to negotiate in good faith finding that negotiations for a loan modification and renewal gave rise to a genuine issue of material fact as to whether the parties had entered into a “binding preliminary agreement.” RREF BB Acquisitions v. MAS Properties, LLC, No. 13 CVS 193, 2015 NCBC 58, 2015 WL 3646992 (N.C. Super. Ct. June 9, 2015).

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Nexsen Pruet, Good faith
    Location:
    USA
    Firm:
    Nexsen Pruet
    State court receiverships and assignments for benefit of creditors
    2011-03-31

    Click here to view the webinar.

    Click here for the PowerPoint presentation.

    Click here for the presentation materials.

    State Court Receiverships

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Limited liability company, Foreclosure, Liquidation, Investment company, Right to property, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Rules of Civil Procedure (USA)
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Preference actions
    2011-04-21

    To view the webinar, click here.

    To download the PowerPoint slides, click here.

    To download the materials, click here.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nexsen Pruet, Surety, Debtor, Interest, Federal Reporter, Debt, Subcontractor, Prima facie, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Fradulent transfers
    2011-04-28

    Click here to view the webinar.

    Click here to download the PowerPoint.

    Click here to download the materials.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Nexsen Pruet, Debtor, Unsecured debt, Fraud, Division of property, Consideration, Debt, Legal burden of proof, Good faith, Conveyancing, Circumstantial evidence, US Code
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    State court collections - South Carolina
    2011-05-26
    1. Learn About Your Client and the Debtor.

    Before you accept a collection case, make sure you know your client’s business and the debtor’s business.

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Nexsen Pruet, Debtor, Consumer protection, Collateral (finance), Statute of limitations, Personal jurisdiction, Debt, Foreclosure, Contingent fee, American Airlines, United States bankruptcy court
    Location:
    USA
    Firm:
    Nexsen Pruet
    Dirt-for-debt: “indubitable equivalence” and other issues
    2011-06-22

    In Chapter 11 reorganization cases, a debtor and a creditor generally seek to negotiate a mutually agreeable plan of reorganization. However, in many instances, the debtor will propose a plan which impairs the interest of a secured creditor and results in the secured creditor’s objection of the plan’s proposed treatment. In

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Interest, Debt, Secured creditor
    Location:
    USA
    Firm:
    Nexsen Pruet
    Fourth Circuit Case on Modification of Residential Mortgage
    2016-05-09

    CentsAbility: Creditors' Rights Law Update

    The Fourth Circuit has held that in a case where the rate of interest on a residential mortgage loan had been increased upon default, a Chapter 13 Plan proposing to “cure” default under 11 U.S.C. §1322(b) is an impermissible modification barred by §1322(b)(2).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Nexsen Pruet, Debtor, Interest, Mortgage loan, Default (finance), Fourth Circuit
    Location:
    USA
    Firm:
    Nexsen Pruet
    Chapter 13 Debtor Unable to Modify Confirmed Plan to Surrender Collateral
    2016-05-10

    CentsAbility: Creditors' Rights Law Update

    The U.S. Bankruptcy Court for the Eastern District of North Carolina in InRe Reuben Samuel Royal, Case No, 14-07134-DMW (May 2, 2016) recently concluded that the Chapter 13 debtors cannot surrender a vehicle back to the lender after confirmation of a Chapter 13 plan even though the vehicle was depreciating or declining in value.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Nexsen Pruet, Debtor, Collateral (finance), United States bankruptcy court
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    If you have an objection, speak now or forever hold your peace
    2015-07-23

    A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to compel their automobile lienholder to release its lien after the debtors made all payments under their Chapter 13 Plan. In addition, the Court awarded the debtors $7,325.00 in attorneys’ fees for the creditor’s failure to comply with the terms of the confirmed Plan.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Nexsen Pruet
    Authors:
    Kyle A. Brannon
    Location:
    USA
    Firm:
    Nexsen Pruet

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