Mortgage notes: those nasty assignments!

In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) –

The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the loan.  The mortgagee responded by, among other things, challenging the standing of the debtors to raise these issues.

Filed under:
USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Power of attorney
Location:
USA
Firm:
Troutman Pepper
Applications for leave to appeal dismissed - 16 January

36039 Dhillon v. Jaffer  (Law of professions – Barristers and solicitors – Breach of fiduciary duty – Damages)

Filed under:
Canada, Crime, Insolvency & Restructuring, Insurance, Litigation, Personal Injury, Public, Real Estate, Tax, Gowling WLG, Fiduciary, Power of attorney
Authors:
Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
Location:
Canada
Firm:
Gowling WLG
The first Restructuring Plan to exclude out-of-the-money creditors or members from voting - the Smile Telecoms Holdings Limited Restructuring Plan

Summary

On 30 March 2022 the High Court sanctioned a restructuring plan for Smile Telecoms Holding Limited in which the court for the first time allowed the exclusion of all but one class of creditors from voting on a restructuring plan. The sanction hearing considered several salient issues around challenges made to a plan by a creditor or shareholder, questions of jurisdiction and the concept of a "compromise or arrangement" in Part 26A of the Companies Act 2006 ("CA 2006").

Background

Filed under:
United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Power of attorney
Location:
United Kingdom
Firm:
Mayer Brown
Somebody Call 9011: Counsel and Decedent’s Estate Benchslapped Under Rule 9011 for Repeated Attempts to Circumvent the Bankruptcy Code’s Eligibility Requirements

The Bankruptcy Protector

Filed under:
USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Power of attorney, US Securities and Exchange Commission, Google
Location:
USA
Firm:
Nelson Mullins Riley & Scarborough LLP