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    New decision distinguishing excusable neglect in filing proofs of claim after the bar date; denying leave to file late claims
    2010-05-21

    In a recent decision, the United States Bankruptcy Court for the Southern District of New York distinguished excusable neglect in filing a claim before the expiration of a clear bar date. In a written opinion issued on May 20, 2010 in the case of In re Lehman Brothers Holdings, Inc., et. al, Case No. 08-13555 (JMP), Judge Peck denied seven motions for leave to file late claims finding none satisfied the Second Circuit’s strict standard to find excusable neglect.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Bankruptcy, Debtor, Federal Reporter, Prejudice, US Department of the Treasury, Lehman Brothers, Enron, Second Circuit, United States bankruptcy court
    Authors:
    Sharon L. Levine , S. Jason Teele
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Rescission effective upon filing of rescission complaint
    2010-06-09

    In a decision not designated for publication, the United States District Court for the Northern District of California, applying California law, has held that an insurer's declaratory judgment complaint for rescission effectuated the rescission of the policy and that the subsequent coverage litigation confirmed the validity of the rescission. In re Sonic Blue Inc., 2010 WL 2034798 (N.D. Cal. May 19, 2010).

    Filed under:
    USA, California, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Fraud, Fiduciary, Estoppel, Bad faith, Prejudice, Laches (equity), US District Court for Northern District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP
    First Circuit modifies sanctions awarded against mortgage servicer
    2010-06-21

    On June 14th, the First Circuit modified the bankruptcy court's $250,000 sanction award against a mortgage servicer who erroneously claimed to be the mortgage holder. The mortgage servicer did not deliberately or intentionally seek to mislead the bankruptcy court and its actions were not prejudicial. First Circuit therefore modified the award to $5,000. In re Jacalyn S. Nosek.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Prejudice, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Policy proceeds not property of bankruptcy estate because payment of proceeds would not affect estate assets
    2010-07-27

    The United States Bankruptcy Court for the District of Delaware has held that policy proceeds were not part of the insured entity’s bankruptcy estate because previous entity claims were dismissed with prejudice, it was highly speculative that the bankruptcy trustee would approve indemnification of directors and officers and the policy’s priority of payment provision provided that entity coverage was only available after payment of proceeds for direct coverage to insured persons. In re Downey Fin. Corp., 428 B.R. 595 (D. Del. Bankr. May 7, 2010).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Security (finance), Class action, Board of directors, Interest, Prejudice, Subsidiary, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Decision in Eclipse Aviation addresses subject matter jurisdiction of the bankruptcy court
    2010-08-18

    Introduction

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Federal Reporter, Liquidation, Involuntary dismissal, Conveyancing, Subject-matter jurisdiction, Prejudice, Exclusive jurisdiction, United States bankruptcy court, Third Circuit
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    No abuse of discretion in refusing to reopen bankruptcy proceedings after four years
    2010-10-22

    REDMOND v. FIFTH THIRD BANK (October 20, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Mortgage loan, Foreclosure, Standard of review, Remand (court procedure), Default (finance), Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Multiple decisions in New Century TRS Holdings, Inc., hold: when you settle a claim, you get what you contract for
    2011-05-16

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Fraud, Mortgage loan, Negligence, Involuntary dismissal, Prejudice, Choice of law, Trustee, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Settlement agreement enforced despite signatory’s failure to sign within the prescribed period
    2011-06-28

    The plaintiff, Horng Technical Enterprise Co., LTD (“Horng”), was a Taiwanese corporation that manufactured computer accessories.  Horng Technical Enterprise Co., LTD v. Sakar International, Inc., No. 10-3648 (3d Cir. June 23, 2011).  The defendant, Sakar International, Inc.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Porzio Bromberg & Newman PC, Condition precedent, Liquidator (law), Prejudice, Third Circuit, US District Court for District of New Jersey
    Authors:
    Brian P. Sharkey
    Location:
    USA
    Firm:
    Porzio Bromberg & Newman PC
    Entry of punitive damages for car dealership reversed; developers notes considered senior debt
    2015-04-11

    This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car dealership because the defendant’s delay in answering complaint was not unreasonable when defendants tendered complaint to attorney when served; and (b) an Eleventh Circuit decision regarding the classification of promissory notes from an involvement developer as senior debt in a bankruptcy.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Sirote & Permutt PC, Punitive damages, Default judgment, Prejudice
    Authors:
    J. Winston Busby
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Delaware Bankruptcy Court dismisses single-asset real estate Mezz debtor’s bankruptcy case for bad faith
    2012-01-26

    On December 22, 2011, the United States Bankruptcy Court for the District of Delaware inIn re JER/Jameson Mezz Borrower II LLC 1 dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Code. In doing so, the court clarified that the standard in the Third Circuit to evaluate the good faith of a debtor seeking shelter under the umbrella of Chapter 11 of the Bankruptcy Code is an objective one and does not consider the subjective good faith of a debtor as do courts within the Secon d Circuit.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Good faith, Prejudice, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jason H. Watson , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP

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