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    Defense of imputation of an agent’s bad conduct to its principal clarified in Pennsylvania; independent auditor at risk for $1 billion in damages
    2010-09-13

    Official Committee of Unsecured Creditors of Allegheny Health, Education and Research Foundation v PricewaterhouseCoopers, LLP(3d Cir No 07-1397, May 28, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Non-profit Organizations, Professional Negligence, Reed Smith LLP, Breach of contract, Fraud, Fiduciary, Audit, Negligence, Remand (court procedure), Collusion, Chief financial officer, Pennsylvania Supreme Court
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Frenville overruled
    2010-09-23

    In 1984 a Third Circuit panel decided that the automatic stay did not apply to a right to payment which arose under applicable state law after a bankruptcy petition was filed. Avellino & Bienes v. M. Frenville Co., 744 F.2d 332 (3d Cir. 1984). The Third Circuit tradition is that the holding of a panel in a precedential opinion is binding on subsequent panels. Until this year Frenville remained good Third Circuit law notwithstanding universal rejection by other circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Federal Reporter, Remand (court procedure), Causation (law), Bankruptcy discharge, General Motors, Title 11 of the US Code, US Constitution, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    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
    How far is too far - judgment creditors that sell a debtor’s real estate told to account for the fair market value of that property and must reimburse the debtor if they go too far
    2010-10-25

    On August 4, 2010, the New Jersey Superior Court, Appellate Division extended equitable principles previously applied in mortgage foreclosure cases to how far an unsecured judgment creditor could go to satisfy its lien against a debtor, deciding to follow a line of cases standing for the principal that “even in the absence of express statutory authorization, a court has inherent equitable authority to allow a fair market value credit in order to prevent a double recovery by a creditor against a debtor.” Moreover, in the case, MMU of New York, Inc. v.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Real Estate, Lowenstein Sandler LLP, Credit (finance), Debtor, Unsecured debt, Landlord, Consideration, Foreclosure, Default judgment, Fair market value, Remand (court procedure), Default (finance), Commercial mortgage, New Jersey Superior Court
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Recent Eighth Circuit bankruptcy decisions
    2010-11-08

    In October 2010, several important Eighth Circuit Bankruptcy Court decisions were issued. This article summarizes those decisions.

    The National Benevolent Association of the Christian Church (Disciples of Christ), et. al v. Weil, Gotshal & Manges, LLP, No. 09-6084, 09-6085 (8th Cir. BAP 10/8/10)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Standing (law), Remand (court procedure), Involuntary dismissal, Domestic violence, Subject-matter jurisdiction, Trustee, Eighth Circuit, United States bankruptcy court, Fifth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Asbestos insurance fight won't be reheard by high court
    2010-11-29

    The United States Supreme Court declined to review a Second Circuit decision wherein a bankruptcy trust fund established to reimburse asbestos victims while barring them from future lawsuits against insurers was held to not apply to Chubb Indemnity Insurance Co. In the underlying matter, Chubb sought contribution for asbestos injury claims from The Travelers Indemnity Co. The trust was established in 1986 by a bankruptcy court and funded with hundreds of millions of dollars from insurers for the benefit of asbestos claimants and their families.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bankruptcy, Remand (court procedure), Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Locke Lord LLP
    Undersecured mortgage lenders may include fees & costs in arrearage cure amount of chapter 13 debtor under section 1322(e)
    2010-12-01

    Deutsche Bank National Trust Co. v. Tucker, No. 09-5867 (6th Cir. 2010)

    CASE SNAPSHOT

    In resolving a conflict within the Sixth Circuit, the Court of Appeals has held that chapter 13 debtors who propose in their plan of reorganization to cure the arrearage on their mortgage loan are required to pay all fees and costs required by the mortgage and non-bankruptcy law, even if the mortgage lender is undersecured. Put another way, mortgage lenders may include such fees and costs in their proofs of claim.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Costs in English law, Debtor, Statutory interpretation, Mortgage loan, Remand (court procedure), US Congress, Deutsche Bank, United States bankruptcy court, Sixth Circuit
    Authors:
    Barbara K. Hager
    Location:
    USA
    Firm:
    Reed Smith LLP
    In a case of first impression, the circuit court determines that a trustee of a securitized investment pool is a ‘transferee’ in a preference action
    2010-12-01

    Paloian v LaSalle Bank, NA, 619 F.3d 688 (7th Cir. 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Medicaid, Legal personality, Debtor, Accounts receivable, Limited liability company, Remand (court procedure), Tax return (USA), Investment funds, Cashflow, Discounted cash flow, Trustee, United States bankruptcy court, Seventh Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Split decision on terms of Dow Corning "breast implant" bankruptcy settlement
    2010-12-20

    On December 17, 2010, in In re Settlement Facility Dow Corning Trust (6th Cir., Case Nos. 09-1827/1830, Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Vacated judgment, Standard of review, Remand (court procedure), Dissenting opinion, Disability, Majority opinion, Sixth Circuit
    Authors:
    Bruce A. Khula
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Los Angeles federal court has jurisdiction over RMBS suit
    2011-01-10

    On December 29, 2010, the Honorable Mariana R. Pfaelzer denied a motion by Stichting Pensioenfonds ABP ("Plaintiff") to remand its claims against Countrywide and others to state court. Judge Pfaelzer concluded that the case was sufficiently related to a bankruptcy case to confer federal jurisdiction in light of contractual indemnification obligations of a bankrupt originator, American Home Mortgage Corp., to Countrywide. The Court also concluded that there were no equitable grounds meriting remand.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Mortgage loan, Remand (court procedure)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP

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