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    Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts
    2018-09-17

    We have discussed plan releases in prior posts. Oftentimes, disputes involving plan releases revolve around whether, and in what contexts, third-party releases in plans are appropriate. Recently, the Third Circuit Court of Appeals addressed the relatively unique question of whether releases in a confirmed plan are binding upon post-confirmation purchasers of the debtor’s stock.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Res judicata and issue estoppel, US Securities and Exchange Commission, FINRA, SCOTUS, Third Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Seventh Circuit dodges intra- and inter-circuit conflict regarding res judicata and bankruptcy
    2011-08-15

    MATRIX IV, INC. v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO (July 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Breach of contract, Fraud, Res judicata and issue estoppel, Estoppel, Summary offence, Common law, Collateral estoppel, Collusion, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Creditor fraud in bankruptcy proceeding is not a "fraud on the court" for Rule 60 purposes
    2011-08-04

    IN RE: GOLF 255, INC. (July 22, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bribery, Bankruptcy, Shareholder, Fraud, Discovery, Res judicata and issue estoppel, Mediation, United States bankruptcy court, Seventh Circuit, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Fla. App. Court (4th DCA) Reverses Dismissal of Re-Filed Foreclosure Action Citing Bartram
    2017-10-19

    The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action based on res judicata and the statute of limitations, holding that the Florida Supreme Court’s recent ruling in Bartram v. U.S. Bank National Association and its progeny controlled.

    In so ruling, the Court confirmed that a second foreclosure action is not barred by the statute of limitations or res judicata where continuing payment defaults occurred within the five years preceding the filing of the second foreclosure action. 

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Statute of limitations, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Florida Supreme Court
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    10th Cir. Rejects Action to Void Foreclosure Sale Based on Prior TILA Cancellation Demand
    2017-07-03

    The U.S. Court of Appeals for the Tenth Circuit recently held that a borrowers’ federal court claim attempting to void a foreclosure sale based on a prior demand to cancel the loan under the federal Truth in Lending Act (TILA) was barred by claim preclusion for failure to raise the issue in a prior state court action.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Res judicata and issue estoppel, Mortgage loan, Deed of trust (real estate), Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    4th Cir. Confirms Sale Orders in Prior Bankruptcy Precluded Debtor’s Later Claims
    2016-05-03

    The U.S. Court of Appeals for the Fourth Circuit recently affirmed the dismissal of a borrower’s lawsuit against a bank, holding that the district court correctly found that sale orders entered in a prior bankruptcy case were res judicata and precluded the borrower’s new claims.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Debtor, Res judicata and issue estoppel, Line of credit, Fourth Circuit
    Authors:
    Thomas R. Dominczyk
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Drafting error deprives creditors of benefit of bankruptcy estate assets
    2008-09-03

    The Fifth Circuit recently issued an opinion addressing an important issue with respect to the preservation of a debtor's causes of action in a Chapter 11 plan of reorganization. The Fifth Circuit held that a reorganized debtor lacked standing to pursue certain common-law claims that were based on the pre-confirmation management of the bankruptcy estate's assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Breach of contract, Fraud, Fiduciary, Limited liability company, Res judicata and issue estoppel, Standing (law), Negligence, Liquidation, Common law, Collateral estoppel, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    SDNY District Court Holds That Bankruptcy Courts Have Core Jurisdiction and Constitutional Adjudicatory Authority over Involuntary Third-Party Releases
    2018-11-13

    The Bottom Line

    Filed under:
    USA, New York, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Res judicata and issue estoppel, US District Court for SDNY
    Authors:
    Alexandra Troiano
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Chapter 15 spreads its wings
    2010-02-10

    Just in time for the fifth anniversary of the enactment of chapter 15 of the Bankruptcy Code, which allows foreign debtors to administer assets located in the U.S. or stay the actions of U.S. creditors – Judge Martin Glenn of the Bankruptcy Court for the Southern District of New York has issued a decision reaffirming the broad utility and scope of chapter 15.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Subprime lending, Res judicata and issue estoppel, Mortgage loan, Liquidation, Comity, Title 11 of the US Code, UNCITRAL, United States bankruptcy court
    Authors:
    Ingrid Bagby
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Finance litigation briefing October 2016: report and review on the latest cases and issues
    2016-10-31

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Uncrystallised pension pot remains protected following bankruptcy

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Gowling WLG, Bankruptcy, Fraud, Abuse of process, Solicitor, Res judicata and issue estoppel, Debt, Legal burden of proof, Witness, Initial public offering, Insolvency Act 1986 (UK), Pensions Act 1995 (UK), Court of Appeal of England & Wales, Trustee
    Authors:
    Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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