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    Improper involuntary bankruptcy petition gives rise to award of counsel fees
    2010-06-16

    In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Credit reporting and bankruptcy: is your post-discharge credit reporting inviting trouble?
    2010-11-15

    In difficult economic times, debtors’ attorneys closely review credit reports looking for potential legal claims against creditors. Long after a debtor has been discharged from bankruptcy, creditors can find themselves defending claims of improper credit reporting. A recent case from the Eastern District of North Carolina illustrates the trouble facing creditors who furnish incorrect reports of discharged debt. See In re Adams (Bankr. E.D.N.C. 2010).

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Poyner Spruill LLP, Credit history, Punitive damages, Bankruptcy, Credit (finance), Debtor, Injunction, Debt, Mortgage loan, Foreclosure, Contempt of court, Refinancing, Credit score, Bankruptcy discharge, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Trustee, United States bankruptcy court
    Authors:
    Diane P. Furr , Lisa P. Sumner
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    Court vacates the foreclosure sale and awards damages, finding that the lender violated the automatic stay by proceeding with the sale where debtor guaranteed the loan, but had no ownership interest
    2011-06-15

    In re Ebadi, No. 10-73702, 2011 WL 1257211 (Bankr. E.D.N.Y. March 30, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Punitive damages, Bankruptcy, Surety, Debtor, Interest, Debt, Mortgage loan, Foreclosure, Second Circuit, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Stern v. Marshall – Supreme Court limits the scope of bankruptcy courts’ core jurisdiction
    2011-07-01

    Introduction

    On June 23, 2011, after fifteen years of hugely acrimonious litigation, the Supreme Court of the United States (the “Court”) issued a decision on a narrow legal issue that may end up significantly limiting the scope of bankruptcy courts’ core jurisdiction.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Punitive damages, Bankruptcy, Tortious interference, Defamation, Constitutionality, US Congress, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Alan W Kornberg , Stephen J. Shimshak , Brian S. Hermann
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Nonprofit governance and fiduciary duties: court holds directors personally liable for mismanagement
    2015-04-07

    A recent court ruling highlights the need for robust governance practices for nonprofits, particularly those facing financial difficulties.  The Third Circuit Court of Appeals affirmed a jury’s award of $2.25 million in compensatory damages against former directors and officers of a bankrupt nonprofit corporation - personal liability for breach of fiduciary duties and “deepening insolvency.”1  The court also affirmed punitive damages against the officer defendants, but vacated the award of punitive damages against the director defendants.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Seyfarth Shaw LLP, Punitive damages, Fiduciary
    Authors:
    Ofer Lion , Douglas M. Mancino , Christian Canas
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    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
    Liquidated damages provisions in contract did not bear rational relationship to damages from breach of agreement
    2014-04-10

    Purcell brought a lawsuit seeking to recover $85,000 he had lent to Schweitzer.  The parties settled, agreeing that Schweitzer would pay the sum of $38,000, along with interest at the rate of 8.5 percent, in installments over 24 months to Purcell.  The agreement provided that if Schweitzer failed to pay on time, it would be a breach of the entire agreement and the original liability of $85,000 would be due.  The agreement also contained the following language:

    The liquidated damages provision does not constitute an unlawful "penalty" or "forfeiture." 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Liebert Cassidy Whitmore, Punitive damages, Breach of contract, Default judgment, Liquidated damages
    Location:
    USA
    Firm:
    Liebert Cassidy Whitmore
    The Girls Gone Wild chronicles — episode 1
    2014-01-21

    Joe Francis built his Girls Gone Wild (GGW) empire (and the ego of an emperor) filming intoxicated college girls in various states of undress, putting that footage on VHS (and later DVDs and branded websites), and selling them to eager consumers across the globe.  If you were alive and watching TV in the late 1990s and early aughts, those late-night infomercials undoubtedly made their way across your TV screen at some point, or you may have even purchased such classics as Girls Gone Wild: Mardi Gras Madness or Girls Gone Wild: Ultimate Spring Break.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP, Punitive damages, Bankruptcy, Defamation
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    The Sixth Circuit holds that bankruptcy courts lack the inherent power to award “serious non-compensatory punitive damages”
    2013-12-27

    Nearly 30 years after enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 and establishment of the current bankruptcy court structure, courts are still struggling to understand the bounds of a bankruptcy court’s jurisdiction and power. Unfortunately for one recent appellant, a bankruptcy court’s power to enter punitive damages is not as great as it had hoped.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Punitive damages, Bankruptcy, Abuse of process, United States bankruptcy court, Sixth Circuit
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Significant case finds that the duty of care requires directors to ask questions
    2013-06-21

    If you are, or have interest in becoming, a director of any organization, you should heed the May 17, 2013, decision in the United States District Court for the Western District of Pennsylvania in Official Comm. Of Unsecured Creditors ex rel. Lemington Home for the Aged, (the Lemington Home Case). The Lemington Home Case upheld a jury’s award to the plaintiff creditors’ committee of

    Filed under:
    USA, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Corporate governance, Punitive damages, Duty of care
    Authors:
    John P. Beavers
    Location:
    USA
    Firm:
    Bricker & Eckler LLP

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