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    Stern v. Marshall – bankruptcy court jurisdiction: cut to the core
    2011-07-11

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Punitive damages, Bankruptcy, Debtor, US Constitution, Article III US Constitution, SCOTUS, United States bankruptcy court
    Authors:
    Joshua Friedman
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Recent circuit court equitable subordination decisions emphasize requirement that misconduct result in actual harm to other parties
    2009-01-30

    In recent opinions, the United States Courts of Appeals for the Fifth and Seventh Circuits have revisited the doctrine of equitable subordination and have underscored the requirement that, before a court can equitably subordinate a creditor’s claim, the court must find that other creditors have been harmed by the actions of the creditor. Importantly, both decisions stress that equitable subordination is meant to be remedial and not punitive, and may not be imposed merely because a creditor has engaged in misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Punitive damages, Bankruptcy, Surety, Debtor, Breach of contract, Fiduciary, Board of directors, Debt, Cashflow, Unsecured creditor, United States bankruptcy court, Fifth Circuit, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    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
    Petitioning creditors beware: no right to setoff for punitive damages from bad faith involuntary bankruptcy filings
    2018-08-15

    Creditors often think that an involuntary bankruptcy petition is a great bargaining chip when faced with a recalcitrant debtor. However, the actual filing of an involuntary bankruptcy petition (when that petition is filed in “bad faith”) confers a considerable risk to the petitioning creditors. Recently, the United States Court of Appeals for the Third Circuit issued an opinion that re-emphasizes just how risky bad faith involuntary petitions can be for creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Punitive damages, Bankruptcy
    Location:
    USA
    Firm:
    Cole Schotz PC
    Lehman estate sues Barclays over "windfall profits"
    2009-11-17

    Yesterday, the bankrupt estate of Lehman Brothers Holdings, Inc. (Lehman) sued Barclays Capital, Inc.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Punitive damages, Bankruptcy, Collateral (finance), Fiduciary, Margin (finance), Liability (financial accounting), Broker-dealer, Barclays, Lehman Brothers
    Authors:
    Darren Cooper
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Across The EUniverse - Number Twenty three
    2017-10-31

    Summer is over and Autumn is truly upon us bringing back many of the winds that seemed die down in the golden summer of Macron. Eurosceptic parties have made electoral gains in Germany and in Austria and the same has now happened in the Czech Republic. The hope that Macron and Merkel could push forward a strong integrationist agenda have faded somewhat as the German liberal party (and possibly the German Supreme Court) fight against common budgets and fiscal transfers.

    Filed under:
    European Union, Italy, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Public, Trade & Customs, Nctm Studio Legale, Punitive damages, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale

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