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    Fearing Industry Solvency, Insurers Are Seeking to Leverage “Physical Loss or Damage” Rulings in the COVID-19 Context to Roll Back Historic Coverage Generally
    2024-08-14

    When the COVID-19 Pandemic incepted, and issues arose as to whether affected policyholders could seek Business Income and Civil Authority coverage from the presence or suspected presence of SARS-CoV-2 and consequent orders of Civil Authority, I thought that the easiest question to answer was whether such policyholders had suffered physical loss or damage (“PLOD”) to their property.

    The Majority PLOD Rule Prior to COVID-19

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP, Coronavirus
    Authors:
    Richard P. Lewis
    Location:
    USA
    Firm:
    Reed Smith LLP
    In God We Trust, All Others Pay Cash Collateral: Can Chapter 11 Bankruptcy Debtors Use Assigned Rents for Business Reorganizations Under Ohio Law?
    2020-09-24

    IN BRIEF

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Coronavirus, European Securities and Markets Authority
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    The Alleged Liability of a Charter School’s Treasurer for the School’s Improper Payments Are Not an “Educational Benefit” under the Student Loan Exception to Bankruptcy Discharge
    2020-03-20

    On March 18, 2020, the U.S. District Court for the Southern District of Ohio (the “District Court”), acting as appellate court for the U.S. Bankruptcy Court for the Southern District of Ohio (the “Bankruptcy Court”), affirmed the Bankruptcy Court’s decision that certain alleged liability of the Debtor, Edward Dudley, Sr., stemming from his role as treasurer for certain charter schools, was dischargeable and not exempt from bankruptcy discharge under 11 U.S.C. § 523(a)(8)(A)(ii).  That is the provision which excludes student loans and similar obligations from discharge.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Title 11 of the US Code
    Authors:
    Edmund F. Brown , Patricia B. Fugée
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Executive Conversation: Ted Manley on Optimization
    2020-03-03

    Declining foreclosure volume has created a “new normal” in default levels, but servicers can’t get complacent. Ted Manley explains why now is the perfect time to optimize processes with talent and technology to prepare for the inevitable volume increase.

    HousingWire: What are some of the pressing issues facing servicers right now from a regulatory standpoint?

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Manley Deas Kochalski LLC, Foreclosure
    Authors:
    Theodore K. Manley
    Location:
    USA
    Firm:
    Manley Deas Kochalski LLC
    Can a Lien Exist Without A Debt For It to Secure?
    2020-01-24

    The question of does a lien exist without a debt for it to secure is a complicated issue that unfortunately does not have a universal answer. This post will use two recent cases to explore concerns that counsel should examine if presented with this question.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Blockchain
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    United States: Third Party Release Provision is Overbroad Says Ohio Bankruptcy Court
    2019-09-18

    In recent years, it has become common practice in large chapter 11 cases for debtors to include language in their proposed chapter 11 plan which purports to release certain nondebtors from the claims of third parties. Although some third parties may consent to the release—such as by voting in favor of the plan or otherwise electing to do so during the plan solicitation process—circumstances frequently arise in which the debtors seek approval from the bankruptcy court to release nondebtors from third parties’ claims without the consent of the third parties.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor
    Authors:
    Bryan Uelk
    Location:
    USA
    Firm:
    Baker McKenzie
    Trustee Survives Judgment in Fraudulent-Conveyance Action Based on Novation Argument
    2019-08-08

    This article originally was published in the February 2019 issue of the ABI Journal.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Debtor, Sixth Circuit
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    6th Cir. BAP Holds Ohio Law Did Not Invalidate Lien When Non-Borrower Spouse Signed Mortgage But Not Note
    2019-05-13

    The Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Sixth Circuit recently affirmed a lower bankruptcy court’s ruling that a refinanced mortgage was enforceable as to the interests of both husband and wife, where the wife did not execute the note and was not defined as a “borrower” in the body of the mortgage, but nonetheless initialed and signed the mortgage document as a “borrower” in the signature block.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Admit and Legislators Acknowledge That Real Estate Professionals Are Human and Need Protection From Harmless Errors
    2019-04-02

    Ohio and other states where Frost Brown Todd has offices have long had witness and/or notary requirements for the execution of mortgages. Ohio Revised Code Section 5301.01 provides that a “mortgage . . . shall be signed by the . . . mortgagor. . . . The signing shall be acknowledged by the . . . mortgagor . . . before a . . . notary public . . .

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP
    Authors:
    Vincent E. Mauer
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    6th Cir. Rules Ohio Amendment on Defective Mortgage Executions Did Not Bar Bankruptcy Trustee’s Avoidance Action
    2019-03-20

    The U.S. Court of Appeals for the Sixth Circuit held that a recent change to Ohio law involving notice of a defective lien had no bearing on a bankruptcy trustee’s ability to avoid the defective lien because such notice is irrelevant to a trustee’s status as a judicial lien creditor.

    Accordingly, the Sixth Circuit affirmed the Bankruptcy Appellate Panel’s upholding of the bankruptcy court’s denial of the mortgagee’s motion for judgment on the pleadings.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Sixth Circuit, Bankruptcy Appellate Panel, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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