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    “Strong arm” powers: not all mistakes are equal in avoiding a mortgage
    2012-10-16

    Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) –

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy “strong arm” powers: bye bye mortgage
    2012-08-14

    Rhiel v. Central Mortgage Co. (In re Kebe), 469 B.R . 778 (Bankr. S.D. Ohio 2012) –

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Construing "substantial contribution" under Section 503(b)(3)(D)
    2012-06-12

    In keeping with the courts’ narrow construction of what constitutes “substantial contribution” in a chapter 11 case, an Ohio bankruptcy court in In re AmFin Financial Corp., 2012 WL 652018 (Bankr. N.D. Ohio Feb. 28, 2012), denied administrative- expense priority to the fees and expenses of the holders of approximately $100 million in senior notes (the “Senior Noteholders”) issued by debtor AmFin Financial Corporation (“AFC”).

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Jones Day, Bank holding company, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jennifer L. Seidman
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy Court for the Northern District of Ohio holds that the Ohio homestead exemption applies only to parcel of land upon which residence is situated
    2012-03-18

    The United States Bankruptcy Court for the Northern District of Ohio recently held that under Ohio law, the homestead exemption set forth in Ohio Rev. Code Ann. § 2329.66 applies to contiguous parcels of land only if those parcels are used for a single purpose as the debtor’s homestead.  In re Whitney, 459 B.R. 72 (Bankr. N.D. Ohio 2011).

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, United States bankruptcy court
    Authors:
    Catherine Ford
    Location:
    USA
    Firm:
    Frost Brown Todd 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
    Fraudulent conduct of principals imputed to company, barring coverage
    2011-10-11

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a dishonesty exclusion barred coverage under primary and excess directors and officers (D&O) policies for the Wrongful Acts of the principals of a bankrupt company, all of whom were criminally convicted of securities fraud and related crimes.  The Unencumbered Assets Trust v. Great American Insurance Co., et. al., 2011 WL 4348128 (S.D. Ohio Sept.

    Filed under:
    USA, Ohio, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Wiley Rein LLP, Bankruptcy, Fraud, Waiver, Accounts receivable, Interest, Misrepresentation, Warranty, Securities fraud, US District Court for Southern District of Ohio
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy Court Sanctions Lawyer, But Appeals Court Reverses and Rules that Lawyer’s Aggressive Advocacy Did Not Cross the Line
    2016-03-23

    In a recent case, a lawyer was sanctioned by an Ohio bankruptcy judge for his conduct in connection with an adversary proceeding he brought on behalf of a client against a Chapter 7 debtor. The lawyer was vindicated, though, after the Bankruptcy Appellate Panel of the Sixth Circuit (the “BAP”) reversed the bankruptcy court on appeal.

    Background Facts

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Bankruptcy, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Laura J. Genovich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Ohio Supreme Court Rules Defectively Executed Mortgage Still Provides Constructive Notice
    2016-03-09

    The Supreme Court of Ohio recently held that a mortgage defectively executed but properly recorded still provides constructive notice of its contents.

    A copy of the opinion is available at:  Link to Opinion.

    The borrowers executed a promissory note and a mortgage.  The notary acknowledgment on the mortgage was left blank.  The mortgage was recorded with the notary section incomplete. The mortgage was later assigned.

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Constructive notice, Ohio Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Ohio Revised Code §1301.401 - A Powerful Tool for Lenders with a Defective Mortgage
    2016-03-07

    For years, it was generally accepted that mortgage creditors and bankruptcy trustees could assert the status of a bona fide purchaser and treat a defectively notarized mortgage as if that mortgage did not exist.  On February 16, 2016, our Supreme Court provided clarity regarding the legal effects of R.C. §1301.401 and provided protection to lenders regardless of whether their mortgages were defective.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Mortgage loan, Constructive notice
    Authors:
    Walter Reynolds , Tami Hart Kirby
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Please, SIR, the plaintiffs want some more: the Southern District of Ohio weighs in on the treatment of self-insured retentions in bankruptcy
    2015-10-28

    Whether an insurer can refuse to provide coverage on the grounds that the bankrupt insured has not paid a self-insured retention (SIR) is often litigated during a bankruptcy case.  Recently, in Sturgill v.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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