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    Third Circuit Holds That Post-Petition Filing of NJ Construction Lien Violates the Automatic Stay
    2017-04-17

    On March 30, the Third Circuit Court of Appeals filed an opinion regarding whether the filing of a mechanic’s lien after the commencement of a bankruptcy case violates the automatic stay. Given the frequent involvement of many companies in Delaware bankruptcy cases, you should be aware of the Third Circuit’s ruling.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy
    2017-03-23

    Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”) creditors – workers who had sued the company – monies owed pursuant to a judgment, even though the bulk of the WARN monies owed were for back wages that hold priority over other unsecured claims under the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), Supreme Court of the United States, United States bankruptcy court
    Authors:
    Gerald L. Maatman, Jr.
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Second Circuit Reverses Marblegate Decision
    2017-01-18

    Trust Indenture Act Section 316(b) Limited to Actual Amendments to An Indenture’s Core Terms

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP
    Authors:
    Edward M. Fox
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    PACA Liens: A New Cloud on Title?
    2016-11-14

    The Perishable Agricultural Commodities Act (PACA) was passed by Congress in 1930 to protect agricultural produce suppliers from unscrupulous vendors who refused to pay the suppliers for their goods.

    Filed under:
    USA, New York, Agriculture, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP
    Authors:
    Tori Campbell
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Delaware Bankruptcy Court Rules Gift Cards Not Eligible for Priority Treatment
    2016-08-19

    Decision clarifies standards for priority treatment under section 507(a)(7); important implications in retail bankruptcy cases for debtors, creditors - and consumers

    Overview

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Retail, Debtor, Unsecured debt, Consideration, Legal burden of proof, US Congress, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    William J. Hanlon
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    REMIC investor lacks standing to object to sale of collateral in borrower's bankruptcy reorganization
    2011-05-13

    In a recent decision, the Bankruptcy Court for the Southern District of New York concluded that an investor in a Real Estate Mortgage Investment Conduit ("REMIC") lacked standing to object to the sale of a chapter 11 debtor's real property, despite that the property served as collateral for loans held in trust by the REMIC for the benefit of its investors.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Interest, Taxable income, Mortgage loan, Standing (law), Investment funds, Default (finance), United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Two circuit courts hold insurers have standing in Chapter 11 cases of their insureds
    2011-06-08

    Last month, the United States Court of Appeals in two separate circuits held that liability insurers have standing as parties in interest to appear and be heard in an insured's Chapter 11 case where the insurer might be liable to indemnify the claims of the insured's creditors.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Injunction, Interest, Standing (law), Default judgment, Dissenting opinion, Second Circuit, United States bankruptcy court, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Mortgage foreclosure as a voidable preference
    2011-06-07

    Prior to the 1984 Amendments to the Bankruptcy Code1 (BAFJA), there was a split as to whether a transfer of title to real estate by virtue of a mortgage foreclosure constituted a transfer as defined in §101 of the Bankruptcy Code.2, 3 However, BAFJA made it clear that a “transfer” included “the foreclosure of a debtor’s equity of redemption.”4 This change in definition has a significant impact on the application of both §547 (preference) and §548 (fraudulent transfer).  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Safe harbor (law), Debt, Mortgage loan, Foreclosure, Fair market value, Default (finance)
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Junior lien holder bankruptcy can stay the foreclosure of a senior lien
    2011-06-07

    The second priority lien held by a junior lien holder is a property interest sufficient to trigger the protection of the automatic stay.In re Three Strokes L.P., 379 B.R. 804 (Bankr. N.D. Tex. 2008). Inasmuch as a senior lien holder’s foreclosure proceedings would have the effect of extinguishing the debtor’s second lien interest, a court may only lift the stay and permit the foreclosure to proceed upon such senior lien holder’s showing of adequate protection.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Deed, Default (finance), Deed of trust (real estate), Tax lien, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw 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

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