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    Treatment under a plan of reorganization: what does it take to discharge a mortgage?
    2012-10-02

     

    Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) –

    In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the debtor’s attempt to discharge it through a plan of reorganization.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    TOUSA: what’s all the fuss?
    2012-08-10

    Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 680 Fed 3rd 1298 (11th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    State bankruptcy filings – the pros and cons of allowing states to file for bankruptcy (like municipalities) or 'speak softly and carry a big stick'
    2011-03-21

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 12 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, Bond (finance), Bankruptcy, Debtor, Option (finance), Debt, Credit rating, Municipal bond, US Constitution, United States bankruptcy court
    Authors:
    Leon R. Barson
    Location:
    USA
    Firm:
    Troutman Pepper
    2020 Consumer Financial Services Year in Review & A Look Ahead
    2021-03-02

    2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman Pepper leveraged our decades of experience and legal know how to help clients find successful resolutions and stay ahead of the compliance curve.

    Filed under:
    USA, Arbitration & ADR, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Troutman Pepper, Cybersecurity
    Location:
    USA
    Firm:
    Troutman Pepper
    Director Fiduciary Duties: Navigating Insolvency Risk in Newly (COVID-19) Distressed Companies
    2020-04-17

    As COVID-19 related economic disruptions place unprecedented stress on cash flows, the risk of insolvency is a new and growing concern for many businesses. Against the backdrop of a decades-long growth in corporate debt, boards of directors are making decisions that have the potential for pitting the interests of creditors against the interests of equity shareholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Troutman Pepper, Shareholder, Fiduciary, Directors' duties, Coronavirus, Insolvency Act 1986 (UK)
    Location:
    USA
    Firm:
    Troutman Pepper
    California to Limit How Much Judgment Creditors Can Garnish from Bank Accounts
    2019-10-30

    On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Authors:
    Jared D. Bissell , David M. Gettings , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Court Orders Fraudster to Face the Music at FTC’s Request
    2019-02-27

    A federal bankruptcy court for the Southern District of Florida has ruled that the owner of a computer-financing scheme cannot hide behind a bankruptcy filing to shield himself from complying with a contempt order that required him to pay $13.4 million for violating an FTC order.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Troutman Pepper, Federal Trade Commission (USA), United States bankruptcy court
    Authors:
    David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Unwinding an LBO Transaction in Bankruptcy Made Easier
    2018-03-19

    Fraudulent conveyance litigation arising from failed leveraged buyout transactions is frequently pursued in bankruptcy proceedings as the sole source of recovery for creditors. Targets of these actions typically include those parties who received the proceeds generated by the LBO, including the debtor’s former shareholders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Leveraged buyout
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper
    Good faith deposit: who gets to keep the cash?
    2015-07-15

    Lawrence v. Commonwealth of Ky. Transportation Cabinet (In re Shelbyville Road Shoppes, LLC), 775 F.3d 789 (6th Cir. 2015) –

    A chapter 7 trustee sought return of a “good faith” deposit made prior to bankruptcy in connection with a proposed purchase of real estate.  The bankruptcy court found against the trustee, as did the district court.  So the trustee appealed to the 6th Circuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Good faith
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper

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