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    Post-confirmation: ignoring court orders is not a good idea
    2015-01-23

    In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) –

    The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the loans continued to ignore the terms of the plans, the reorganized debtors sought enforcement of the court’s confirmation order and sanctions.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Cramdown hurdles round 2: confirmation can be an elusive prize
    2014-11-14

    In re NNN Parkway 400 26, LLC, 505 B.R. 277 (Bankr. C.D. Cal. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Delayed recording: sometimes late is no better than never
    2014-09-23

    Collins v. JP Morgan Chase Bank, N.A. (In re Flannery), 513 B.R. 1 (Bankr. D. Mass. 2014) –

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale “free and clear”: adequate protection of nothing is nothing
    2014-07-29

    In re Elk Grove Village Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014) –

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Troutman Pepper, Debtor, Personal property
    Location:
    USA
    Firm:
    Troutman Pepper
    “Loan to own” debtor: public interest overrides bad faith filing
    2012-12-06

    In re 1701 Commerce, LLC, 477 B.R. 652 (Bankr. N.D. Tex. 2012) –

    The capital stack for Presidio Hotel Fort Worth, L.P. consisted of (1) a senior loan of $39.6 million from Dougherty Funding, LLC, (2) a junior loan from Vestin Originations, Inc. and (3) a 20-year tax agreement with the City of Fort Worth pursuant to which the City made annual grant payments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Foreclosure, Bad faith, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage foreclosure: beware the automatic stay
    2012-09-27

    Kline v. Deutsche Bank Nat’l Trust Co. (In re Kline), 172 B.R. 98 (B.A.P. 10th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Punitive damages, Bankruptcy, Debtor, Foreclosure, Deutsche Bank, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Radlax: Supreme Court speaks on credit bidding
    2012-08-10

    RadLAX Gateway Health Co. v. Amalgamated Bank, __ U.S. __, 132 S. Ct. 2065, 182 L. Ed. 2d 967 (2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Credit (finance), Debtor, Collateral (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Successor liability after a Section 363 sale - buyer beware
    2011-03-18

    Reprinted with permission from the March 18, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last couple of years, the predominant goal in many business bankruptcy proceedings has been the sale of substantially all of the estate's assets. Such bankruptcy sales are often favored by buyers under Section 363(f), which enables a "free and clear" transfer of the assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Limited liability company, Liability (financial accounting), In rem jurisdiction, Title 11 of the US Code, Ford Motor Company, General Motors, The Legal Intelligencer, United States bankruptcy court
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper
    U.S. Senators Unveil Bill Proposing Clear Path to Discharge Student Loan and Medical Debt in Bankruptcy
    2021-03-01

    A bill introduced by Democratic U.S. senators looks to make it easier for Americans to discharge student loans and medical debt. If passed as currently written, the Medical Bankruptcy Fairness Act of 2021 would drastically change the U.S. bankruptcy system by removing certain procedural hurdles that make the bankruptcy process complex and by creating a clearer path to discharging debts that impact millions of Americans.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Coronavirus
    Authors:
    Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Overview of Managing Customer Relationships in Troubled Times
    2020-04-08

    In the midst of the unprecedented global health challenge presented by the spread of the coronavirus (COVID-19), businesses will almost certainly face pervasive disruptions to operations as the economy experiences widespread financial distress. In light of the dramatic and continuing economic downturn, and with the certainty that almost every business sector has been or will be affected, it is imperative that each company have a plan for handling relationships with companies in financial distress.

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Coronavirus
    Location:
    USA
    Firm:
    Troutman Pepper

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