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    Involuntary Bankruptcy: Creditor’s Tool to Be Used with Caution
    2018-10-16

    If you have ever been a creditor concerned about a debtor not paying debts as they become due or paying other creditors while ignoring your demands, then forcing the debtor into an involuntarily bankruptcy may be an option. An involuntary petition can be filed only under Chapter 7 (liquidation) or Chapter 11 (reorganization) of the U.S. Bankruptcy Code.

    Filed under:
    USA, North Carolina, South Carolina, Insolvency & Restructuring, Nexsen Pruet
    Authors:
    Lisa P. Sumner
    Location:
    USA
    Firm:
    Nexsen Pruet
    The South Carolina Property and Casualty Insurance Guaranty Association Act and Further Guidance on Statutory Interpretation
    2018-09-11

    The South Carolina Property and Casualty Insurance Guaranty Association (the Guaranty) is an unincorporated nonprofit entity created pursuant to the South Carolina Property and Casualty Insurance Guaranty Association Act (the Act). The purpose of the Guaranty is to provide a degree of protection to insureds whose carriers become insolvent. Upon an insurer’s insolvency, the Guaranty assumes the position of the insurer to the extent of the insurer’s obligation relative to covered claim; its liability is derived from that of the insolvent carrier’s liability to the insured.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Insurance, Litigation, Nexsen Pruet, South Carolina Supreme Court
    Authors:
    Cheryl D. Shoun
    Location:
    USA
    Firm:
    Nexsen Pruet
    Fourth Circuit Upholds Bank’s Disclaimer of Liability
    2018-06-07

    Banks regularly enter into commercial relationships with their customers such as opening new depository accounts.  These relationships are often contractual in nature and seem relatively straightforward until an unexpected incident occurs that causes the relationship to unravel. What then are the duties owed by each party to each another?  The default rule seems to be that the terms and conditions that the parties agreed to at first govern the parties’ actions throughout their banking relationship.

    Filed under:
    USA, South Carolina, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Debtor, Foreign exchange market, Gross negligence, Fourth Circuit
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    You Can’t Buy Me Love and You Can’t Buy a 363(f) Order
    2016-07-27

    Under Section 363(f) of the Bankruptcy Code, a debtor or trustee can sell estate assets “free and clear of any interest” in such assets. This short, simple string of six words represents one of the most powerful tools in the bankruptcy professional’s arsenal.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Interest, Consent, Foreclosure, Good faith, Secured creditor, Title 11 of the US Code, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Alternatives to Bankruptcy (Receivership)
    2016-06-28

    Alternatives to Bankruptcy from Bankruptcy Law Specialist Christy Myatt

    The general notion behind receiverships is to preserve property pending the outcome of a case, or the foreclosure of real property or such other time as the Court deems a Receiver is not required.

    The Receiver is usually an unrelated third party or attorney familiar with process.

    I. State Court Receiverships

    A. Purpose of Receivership

    A Receiver plays an important part in three common situations:

    Filed under:
    USA, South Carolina, Capital Markets, Derivatives, Insolvency & Restructuring, Litigation, Nexsen Pruet, Debt, Foreclosure, Liquidation
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    State court collections - South Carolina
    2011-05-26
    1. Learn About Your Client and the Debtor.

    Before you accept a collection case, make sure you know your client’s business and the debtor’s business.

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Nexsen Pruet, Debtor, Consumer protection, Collateral (finance), Statute of limitations, Personal jurisdiction, Debt, Foreclosure, Contingent fee, American Airlines, United States bankruptcy court
    Location:
    USA
    Firm:
    Nexsen Pruet
    Court sets aside years of shareholder distributions due to contamination at dissolved company’s former site
    2015-03-03

    In the ongoing saga of what is known as the “Ashley II Litigation,” the United States District Court of South Carolina recently set aside several years of distributions to the shareholders of a dissolved, closely-held family corporation because the payments were intended to avoid liability for environmental contamination of property the company had not owned in 40 years. PCS Nitrogen, Inc. v. Ross Development Corp., 2015 BL 36539, D.S.C., No. 09-cv-03171, 2/12/15. This latest decision follows a prior case where PCS Nitrogen, Inc.

    Filed under:
    USA, South Carolina, Environment & Climate Change, Insolvency & Restructuring, Litigation, Arnall Golden Gregory LLP, Shareholder
    Authors:
    Brooke Frankel Dickerson
    Location:
    USA
    Firm:
    Arnall Golden Gregory LLP
    LLC managers beware: get involved with member distributions by an insolvent LLC and you may be personally liable
    2014-09-02

    Vieira v. Harris (In re JK Harris & Co., LLC), 512 B.R. 562 (Bankr. D. S.C. 2012) –

    A chapter 7 trustee sued a manager of three limited liability company (LLC) debtors for breach of fiduciary duty and to hold the manager personally liable for distributions made to members, including himself.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Troutman Pepper, Fiduciary, Limited liability company, Gross negligence
    Location:
    USA
    Firm:
    Troutman Pepper
    Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts
    2014-08-14

    We’ve previously focused here and here on the split in

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent decisions limit scope of protection from successor liability in bankruptcy sale orders
    2012-09-27

    Decisions in two recent cases raise concerns for those interested in buying assets out of bankruptcy.

    Filed under:
    USA, New York, South Carolina, Insolvency & Restructuring, Litigation, Hodgson Russ LLP, Bankruptcy, Debtor, Eleventh Circuit, South Carolina Supreme Court
    Authors:
    James C. Thoman
    Location:
    USA
    Firm:
    Hodgson Russ LLP

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