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    Fiduciary duties of directors of troubled corporations
    2008-12-15

    Corporate financial uncertainties or troubles frequently require corporate directors to make difficult choices that affect shareholders, creditors and others having an interest in the corporation. In that situation, the question naturally arises: Do directors' duties change when a corporation is experiencing financial difficulties, is nearing insolvency or becomes insolvent? The short answer is that the fiduciary duties of corporate directors under Delaware and Texas corporate law do not change, but that the ultimate beneficiaries of those duties may shift.

    Filed under:
    USA, Delaware, Texas, Company & Commercial, Insolvency & Restructuring, Foley & Lardner LLP, Shareholder, Breach of contract, Fiduciary, Board of directors, Interest, Misconduct, Beneficiary, Articles of incorporation, Good faith, Summary offence, Duty of care, Balance sheet, Stakeholder (corporate), Business judgement rule, Derivative suit, Directors' duties
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Court finds no violation of Fair Debt Collection Practices Act
    2009-06-19

    A Louisiana District court finds that the filing of an allegedly time barred proof of claim by a creditor does not amount to a violation of the Fair Debt Collection Practices Act. B-Real, LLC v. Rogers et al., 2009 WL 1405844 (M.D.La. May 19, 2009) (Ruling on Appeal)

    A Louisiana District Court ruling provides that a creditor did not violate the provisions of the Fair Debt Collection Practices Act (FDCPA) by filing what were alleged to be three time-barred proofs of claim based upon underlying debt allowed under Louisiana law.

    Filed under:
    USA, Louisiana, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Bankruptcy, Debtor, Debt, Summary offence, Collection agency, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court
    Authors:
    Laura M. Zaremski
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Company's bankruptcy does not prevent personal liability for wage violations
    2009-08-14

    Companies in severe financial distress often seek refuge in bankruptcy. However, while bankruptcy may offer the company-debtor protection against claims of unpaid wages, it does not insulate individual officers, directors and managers from personal liability under the Fair Labor Standards Act ("FLSA") for such claims. InBoucher v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Wage, Bankruptcy, Debtor, Economy, Summary offence, Casino, Bankruptcy discharge, Fair Labor Standards Act 1938 (USA), Chief executive officer, Chief financial officer, Ninth Circuit
    Authors:
    Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    New York banishes the specter of an ancient doctrine from modern debt acquisitions
    2009-12-07

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Debtor, Fraud, Fiduciary, Hedge funds, Debt, Summary offence, Indictment, Misdemeanor, Common law, Merrill
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Unwitting beneficiaries of Ponzi scheme cannot discharge debt under Chapter 7
    2010-02-26

    Beneficiaries of a Ponzi scheme who were subsequently found liable to cheated investors under state securities laws could not discharge this liability under Chapter 7 of the Bankruptcy Code, the U.S. District Court for the Western District of Oklahoma ruled.

    Filed under:
    USA, Oklahoma, Insolvency & Restructuring, Litigation, White Collar Crime, Katten Muchin Rosenman LLP, Fraud, Beneficiary, Debt, Summary offence, Unjust enrichment, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Officers and directors of troubled banks at risk of personal liability
    2010-03-02

    In 2009, there were 140 failed banks. So far this year, 16 more banks have been seized by the FDIC. There are 702 banks currently on the FDIC's troubled banks list, and regulators and analysts predict that several hundred of those likely will fail over the next two years.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Shareholder, Fraud, Board of directors, Market liquidity, Mortgage loan, Summary offence, Holding company, Underwriting, Community bank, US Federal Government, Federal Deposit Insurance Corporation (USA)
    Authors:
    Neil E. Grayson , Jim Lehman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy court awards debtors actual attorney's fees as sanction against attorney for violating court's discharge injunction
    2011-08-01

    In connection with the administration of the debtors’ bankruptcy case, the trustee in Badovick v. Greenspan (In re Greenspan), No. 10-8019, 2011 Bank. LEXIS 272 (B.A.P. 6th Cir. Feb.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Injunction, Debt, Summary offence, Contempt of court, Attorney's fee, Bankruptcy discharge, US Code, Trustee, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
    2008-05-06

    The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws. Murphy v. Allied World Assurance Co. (U.S.), Inc. (In re Refco, Inc.), No. 08-01133 (Bankr. S.D.N.Y. Apr. 21, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Preliminary injunction, Summary offence, Admissible evidence, Liability insurance, Indictment, Initial public offering, Unjust enrichment, Securities fraud, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    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
    Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously
    2011-08-01

    TOWNSQUARE MEDIA v. BRILL (July 21, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Summary offence, Remand (court procedure), Non-disclosure agreement, Subject-matter jurisdiction, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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