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    Arbitration Not Waived in Lawsuit Pending for Two Years
    2018-11-20

    Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses or counterclaims and had taken no discovery. Trevino v. Select Portfolio Servicing, Inc. (In re Jose Sr. Trevino), Adv. Pro. No. 16-7024, 2018 Bankr. LEXIS 3605 (Bankr. S.D. Tex. Nov. 14, 2018).

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, Injunction, Breach of contract, Arbitration clause, Waiver, Abuse of process, Testimony, Motion to compel, Prejudice, Federal Arbitration Act 1926 (USA), United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Decision in Spansion addresses issues that arise during plan confirmation
    2010-04-15

    On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the Spansion bankruptcy rejecting the Debtor's proposed plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Testimony, Good faith, Preferred stock, Valuation (finance), Discounted cash flow, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Qimonda bankruptcy looks at whether a conversion claim is entitled to administrative priority
    2010-08-15

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Contractual term, Bankruptcy, Debtor, Testimony, Google, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Revisions to proposed amendments to Bankruptcy Rule 2019
    2010-08-18

    The Advisory Committee on Bankruptcy Rules recently issued a report to the Standing Committee on Rules of Practice and Procedure on amendments and new rules that were published for comment the previous year. The Advisory Committee’s report recommends substantial revisions to the amendments that were initially proposed to Bankruptcy Rule 2019. The revisions are responsive to the numerous comments, suggestions and objections made by hedge funds, institutional investors and other distressed debt investors.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Chadbourne & Parke LLP, Confidentiality, Bankruptcy, Class action, Interest, Discovery, Hedge funds, Testimony, Distressed securities, US House Committee on Rules, Constitutional amendment
    Authors:
    Young Yoo
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    U.S. SEC agrees to fifty percent reduction in jury award against former CEO of Kmart
    2010-12-09

    In our June 4, 2009 Client Update, we reported on the jury verdict the Securities and Exchange Commission ("SEC") obtained against Charles Conaway, the former CEO of Kmart Corp for misleading investors about inventory and liquidity levels as the company was approaching its January 2002 Chapter 11 bankruptcy filing.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Gibson Dunn & Crutcher LLP, Public company, Bankruptcy, Fraud, Market liquidity, Testimony, Involuntary dismissal, Jury trial, Form 10-Q, Internal Revenue Service (USA), US Securities and Exchange Commission, US Department of Justice, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Chief executive officer, Chief financial officer, US Attorney General, Sixth Circuit
    Authors:
    Timothy K. Roake
    Location:
    USA
    Firm:
    Gibson Dunn & Crutcher LLP
    What is the "primary purpose" of a credit transaction under the Truth In Lending Act? The Third Circuit will look beyond the facade to find out
    2010-12-19

    In St. Hill v. Tribeca Lending Corp., Case No. 09-2214, 2010 WL 2997724 (3rd Cir. Dec. 8, 2010), the Third Circuit showed that, in determining whether the Truth In Lending Act (TILA) applied to a credit transaction, it would look beyond obvious facts to ascertain a transaction's "primary purpose."

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Bankruptcy, Credit (finance), Collateral (finance), Statute of limitations, Consideration, Testimony, Mortgage loan, Refinancing, Trustee, Third Circuit
    Authors:
    Trent M. Johnson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Valuing real property for bankruptcy and foreclosure – a lender’s cautionary tale
    2011-03-11

    When a loan is secured by real property, the current value of the property will be a determining factor in how the lender is treated in bankruptcy and will drive the lender’s bidding strategy in foreclosure. Valuing real property has never been an exact science. Volatility in the residential and commercial real estate markets over the last two years has made it even harder for lenders to rely with confidence on the appraisals they obtain to plan and predict how they will fare in bankruptcy or in foreclosure.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Poyner Spruill LLP, Bankruptcy, Credit (finance), Debtor, Injunction, Interest, Testimony, Debt, Foreclosure, Secured creditor, Valuation (finance), Secured loan
    Authors:
    Lisa P. Sumner , Kristen D. Price
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    Jumping on the bandwagon
    2011-03-11

    The Executive Office of the United States Trustee, part of the Department of Justice, has embarked on an initiative to investigate bankruptcy-related practices of the major mortgage servicers. The United States Trustees have not identified any authority to conduct an investigation beyond specific matters pertaining to individual debtors or their estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Morrison & Foerster LLP, Bankruptcy, Debtor, Testimony, Mortgage loan, US Department of Justice, Trustee
    Authors:
    Michael Agoglia , Nancy R. Thomas
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Progress in Dodd-Frank implementation
    2011-11-08

    A number of activities of potential significance have occurred in the implementation of the Dodd-Frank Act:

    Surplus Lines Regulation:

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Jorden Burt LLP, Testimony, Liquidation, Federal Deposit Insurance Corporation (USA), US Congress, Federal Reserve (USA), National Association of Insurance Commissioners, Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Insurance commissioner
    Authors:
    Roland C. Goss
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Weathering the storm: Qimonda, patent licenses and § 365(n)
    2011-11-08

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”).1 The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Haynes and Boone LLP, Royalty payment, Bankruptcy, Debtor, Patent infringement, Discrimination, Testimony, Samsung, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Robin E. Phelan , Randall E. Colson , Andrew S. Ehmke , Autumn D. Highsmith
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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