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    Immediate Enactment Of Juneteenth As A Federal Holiday Will Have Significant Impact On Mortgage Lenders
    2021-06-18

    On June 17, 2021, President Biden signed Senate Bill 475 into law, making “Juneteenth” a federal holiday. Because June 19th (tomorrow) falls on a Saturday this year, the day will be observed by federal government offices on June 18, 2021 (today).

    This new law, revising the list of federal holidays in the U.S. Code, will affect consumer credit lenders’ operations. It is important for lenders to review their processes to determine how this new holiday will impact their operations.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Sheppard Mullin Richter & Hampton LLP, Consumer Financial Protection Bureau (USA)
    Authors:
    Sherwin F. Root
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Post-COVID-19 Appraisals And The Burden Of Proof In Bankruptcy Cases
    2020-05-13

    In the aftermath of the 9/11 attacks, the Appraisal Institute issued guidance to its MAI appraisers regarding the new challenges and limitations on rendering an opinion of real estate value in the wake of a disaster when markets are unstable or chaotic[1].

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Coronavirus, Title 11 of the US Code
    Authors:
    Richard Brunette , Edward Tillinghast
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Fashionista’s Guide to Bankruptcy: What Every Designer Needs to Know to be Protected in Times of Economic Uncertainty
    2020-05-12

    This post originally appeared on the Council of Fashion Designers of America website, CFDA.com.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Coronavirus
    Authors:
    Theodore C. Max , Alan H. Martin
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Protecting Your Inventory and Getting Paid
    2020-05-12

    This post originally appeared on the Council of Fashion Designers of America website, CFDA.com.

    Filed under:
    USA, Insolvency & Restructuring, Sheppard Mullin Richter & Hampton LLP
    Authors:
    Theodore C. Max , Alan H. Martin
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Election Time: Bankruptcy Code 1111(B) in the Post-COVID World
    2020-04-23

    Among the only certainties for the post-COVID lending world is the uncertainty of commercial real estate values. Among the classes of real estate that surely will be immediately diminished in value are hospitality and most brick and mortar retail, but even the value of industrial and office properties will be closely scrutinized as questions are posed regarding changes in how companies conduct their businesses and which types of businesses will recover most fully.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Sheppard Mullin Richter & Hampton LLP, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Richard Brunette
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Distressed Acquisitions - Key Considerations
    2020-04-21

    The current COVID-19 pandemic is causing an unprecedented negative impact on businesses around the globe in nearly every sector of the economy. Both the US Government as well as Foreign Governments have and will continue to provide short- and long-term financial support to these businesses. However, this financial assistance will not be available to every business, nor will it be adequate in all instances to offset decreased revenue resulting directly and indirectly from the pandemic.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Sheppard Mullin Richter & Hampton LLP, Due diligence, Coronavirus
    Authors:
    Shon Glusky , Matthew Silverstein
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    The fate of Argentina's debt restructuring is getting closer
    2013-04-10

    In what the Financial Times has called “the sovereign debt restructuring case of the century,” Argentina has timely submitted its proposal as requested by the U.S. Court of Appeals for the Second Circuit, with which it is willing to make payments on approximately $1.3 billion of unpaid debt obligations that stem from the country’s $95 billion debt default of December 2001.

    Filed under:
    Argentina, USA, Insolvency & Restructuring, Litigation, Public, Sheppard Mullin Richter & Hampton LLP, Bond (finance), Debt, Default (finance), Debt restructuring
    Location:
    Argentina, USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Ninth Circuit Affirms that Liens Pass Through Bankruptcy Even if Underlying Claim is Disallowed
    2020-06-10

    The Ninth Circuit on June 1 affirmed a key bankruptcy principle that liens may survive and “pass through” the bankruptcy process even if the underlying claim secured by the lien is disallowed. The facts in Lane v. The Bank of New York Mellon (Ninth Cir. Ct. Of Appeals, No. 18-60059, June 1, 2020) are all too familiar – a mortgage loan originated by Countrywide Home Loans wound up in a huge pool of securities with The Bank of New York Mellon serving as trustee for the certificate holders. Countrywide had endorsed the promissory note in blank, which made it payable to the bearer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy
    Authors:
    Richard Brunette
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Fifth Circuit Affirms Attorney’s Fee Award of $2.3 million in Misappropriation Case Against Former Employee who Failed to Comply with Court’s Objections Order
    2020-09-22

    On September 2, 2020, the Fifth Circuit declined to void a fee award of nearly $2.3 million in favor of an employer that had prevailed on its trade secret theft claim against its former employee, because the employee willfully failed to comply with the bankruptcy court’s “extremely explicit” order regarding his objections to the award.

    Background

    Filed under:
    USA, Designs and trade secrets, Employment & Labor, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Stryker Corporation, Fifth Circuit
    Authors:
    Kevin M. Cloutier
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Creditors’ rights clarified by Interpretation II of the Supreme People’s Court on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People’s Republic of China
    2013-12-16

    Understanding your rights as a creditor while navigating under China’s bankruptcy laws is becoming a must these days, especially for foreign creditors. As many foreign companies engage in business with Chinese companies, chances are likely that you will encounter a failing Chinese company that will file for bankruptcy in China. A China bankruptcy filing can have a tremendous impact upon foreign creditors.  If you are doing business with Chinese companies or have investments in Chinese companies, you should be aware of your rights as a creditor under Chinese bankruptcy laws.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Intangible property
    Location:
    China
    Firm:
    Sheppard Mullin Richter & Hampton LLP

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