Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Foreclosure sale: does a week-to-week adjournment violate the automatic stay?
    2012-11-20

    Henson v. Bank of America, N.A. (In re Henson), 477 B.R. 786 (Bankr. D. Colo. 2012) –

    Filed under:
    USA, Colorado, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Punitive damages, Bankruptcy, Foreclosure, Bank of America, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage foreclosure: beware the automatic stay
    2012-09-27

    Kline v. Deutsche Bank Nat’l Trust Co. (In re Kline), 172 B.R. 98 (B.A.P. 10th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Punitive damages, Bankruptcy, Debtor, Foreclosure, Deutsche Bank, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    In the courts
    2011-09-26
    • On September 16, 2011, the U.S. Department of Justice amended its complaint to enjoin the AT&T/T-Mobile merger to include the states of New York, California, Illinois, Pennsylvania, Massachusetts, Washington, and Ohio as additional plaintiffs. United States v. AT&T Inc., No. 11-cv-1560 (D.D.C.).
    • On September 19, 2011, the United Stated District Court for the Northern District of Texas largely denied the motion to dismiss of Verizon Communications, and related entities, against claims that they defrauded investors and creditors via spinoff company Idearc.
    Filed under:
    USA, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Telecoms, ArentFox Schiff, Punitive damages, Bankruptcy, Injunction, Fraud, Dividends, Fiduciary, Debt, US Department of Justice, Verizon Communications, T-Mobile, US District Court for Northern District of Texas
    Authors:
    Ross A. Buntrock , Jonathan E. Canis , Michael B. Hazzard , Stephanie A. Joyce , Joseph P. Bowser
    Location:
    USA
    Firm:
    ArentFox Schiff
    Foreclosure sale of non-debtor's property voided as violation of automatic stay
    2011-08-22

    Lenders and mortgage holders may be surprised to learn that a New York bankruptcy court voided the foreclosure sale of non-debtor property where the debtor filed for bankruptcy with no legitimate intent to reorganize. In a case of first impression, In re Ebadi1 addresses a common scenario: a foreclosure action against multiple parties, including a borrower not in bankruptcy and a guarantor in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Punitive damages, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, Vacated judgment, Default (finance), United States bankruptcy court
    Authors:
    Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Unwinding the deal when bankruptcy looms
    2007-02-22

    Coping with the Insolvent Business Partner

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Punitive damages, Bankruptcy, Debtor, Injunction, Breach of contract, Joint venture, Liquidation, Due diligence, Default (finance), Leverage (finance), Distressed securities, Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Whose Rules Are They Anyway? Even in District Court, the Bankruptcy Rules Apply to Proceedings Arising Under Chapter 11
    2016-04-25

    It is spring and the stands will soon ring with the oft-heard refrain, the clarion call of players and fans alike, “Hey ump, read the rules!”  In Rosenberg v.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Punitive damages, Bankruptcy, Jury trial, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Third Circuit affirms bad faith involuntary bankruptcy dismissal, increasing risk of punitive damages
    2015-10-20

    Last week’s decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. § 303 may be dismissed for bad faith. The decision places another hurdle for creditors to surmount when considering whether to put a debtor in bankruptcy and creates another means for debtors to oppose such filings. It also enumerates the standard for evaluating whether a filing is in bad faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cozen O'Connor, Punitive damages, Bankruptcy, Debtor, Bad faith, Third Circuit
    Authors:
    Barry M. Klayman
    Location:
    USA
    Firm:
    Cozen O'Connor
    Reversal of Enron ruling on claims transfers - reevaluating the risks of equitable subordination
    2007-10-01

    In a decision in In re Enron Corp., et al., 2007 U.S. Dist. LEXIS 63129, No. 05-01025 (S.D.N.Y. August 27, 2007), the Honorable Shira Scheindlin, United States District Judge for the Southern District of New York, held that the sale of a claim that is subject to equitable subordination under section 510(c) or disallowance under section 502(d) of the Bankruptcy Code may insulate the claim from subordination and disallowance when asserted against the buyer of the claim. At first blush the decision may be, and has been, read by some to offer relief and clarity to distressed debt investors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Punitive damages, Good faith, Remand (court procedure), Distressed securities, Prima facie, Deutsche Bank, Citibank, Enron, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Equitable subordination and claim disallowance in bankruptcy — sometimes yes, sometimes no
    2007-11-15

    If you hold a claim in bankruptcy by way of a transfer, you may need to be sure the transaction was accomplished by a sale and not merely by an assignment. Yet another decision highlights the growing complexity in bankruptcy claims as we discuss below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Punitive damages, Bankruptcy, Debtor, Misconduct, Warranty, Disability, Deutsche Bank, BT Group, Citibank, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    BakerHostetler
    Supreme Court finds FCRA liability
    2007-11-14

    The United States Supreme Court held that reckless violations of the Fair Credit Reporting Act (“FCRA”) constitute a willful failure to comply, subjecting violators to liability for actual damages, statutory penalties and potentially punitive damages. Safeco Ins. Co. of America v. Burr, 551 U.S. _____ (June 4, 2007).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit history, Punitive damages, Costs in English law, Letter of credit, Landlord, Leasehold estate, Summary offence, Vehicle insurance, Credit score, Consumer privacy, Fair Credit Reporting Act 1970 (USA), Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current page 3
    • Page 4
    • Page 5
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days