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    Construction contracts: nothing beats a meeting of the minds
    2014-12-30

    Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) –

    A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor.  The trustee contended that there were contracts between the debtor and the contractor pursuant to which the debtor agreed to reimburse the contractor for its costs plus pay a $15,000 contractor’s fee for each home.

    Filed under:
    USA, Tennessee, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage modifications: senior loans may become not so senior
    2014-10-24

    Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) –

    A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan impaired the junior mortgagee’s rights.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    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
    Tortious interference claims: something to keep in mind
    2014-07-01

    Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) –

    A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a debtor. The bankruptcy court granted the investment banker’s motion to dismiss for failure to state a claim, and the hedge fund appealed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Tortious interference
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction trust funds: does failure to pay give rise to a non-dischargeable debt?
    2012-11-06

    Reshetar Systems, Inc. v. Thompson, 686 F.3d 940 (8th Cir. 2012) –

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Fiduciary, Debt
    Location:
    USA
    Firm:
    Troutman Pepper
    Sixth Circuit holds that supplemental unemployment compensation benefits are not ‘wages’ subject to FICA taxation
    2012-09-10

    In an important recent decision, United States v. Quality Stores, Inc., et al.,1 in which Pepper represented the prevailing party, the U.S. Court of Appeals for the Sixth Circuit held that supplemental unemployment compensation benefits (SUB payments) paid by a bankrupt company to its former employees were not wages subject to taxation under the Federal Insurance Contributions Act (FICA).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    Michael H. Reed , Lisa B. Petkun
    Location:
    USA
    Firm:
    Troutman Pepper
    Conversion of insolvent corporation into a tax partnership: IRS reaches favorable conclusions, but questions remain
    2011-11-21

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Tax, Troutman Pepper, Shareholder, Debt, Liability (financial accounting), Liquidation, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Pricing risk: Title II of the Dodd-Frank Act - orderly liquidation authority
    2011-01-11

    Title II of the Dodd-Frank Act establishes a receivership process by which the FDIC can engage in an orderly liquidation process to wind down the affairs of and liquidate the assets of certain failing financial companies that pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Shareholder, Debtor, Statutory interpretation, Hedge funds, Mortgage loan, Liquidation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Frank A. Mayer, III , Michael J. Callaghan
    Location:
    USA
    Firm:
    Troutman Pepper
    NY Court Blocks Mezzanine Lender’s UCC Foreclosure Sale in Light of COVID-19 Pandemic
    2020-07-07

    On June 23, the New York County Supreme Court issued a rare preliminary injunction temporarily halting a mezzanine lender’s UCC foreclosure sale of the Mark Hotel in New York City because the procedures for the foreclosure sale were not commercially reasonable in light of conditions caused by the COVID-19 pandemic (D2 Mark LLC v. Orei VI Investments LLC, 2020 WL 3432950 (2020)).

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Troutman Pepper, Due diligence, Non-disclosure agreement, Coronavirus
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Stay Relief Orders Denied With Prejudice Immediately Appealable
    2020-02-06

    A critical bankruptcy litigation issue has finally been resolved by the U.S. Supreme Court. Until recently, litigants had been faced with the dilemma of whether to immediately appeal a denial with prejudice of a request for stay relief or wait until the underlying matter had been fully adjudicated. Given the uncertainty, parties remained unsure if they risked losing the ability to challenge the denial of stay relief by a bankruptcy court if they waited to appeal. Now it is clear that they will. In Ritzen Group v. Jackson Masonry, 589 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper

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