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    Substantive consolidation: when abuse goes too far an LLC will not shield assets
    2015-02-24

    In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) –

    A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned limited liability company (LLC).  Only the debtors, and none of the creditors, objected to substantive consolidation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Stay relief: what happens to “unreasonable” fees?
    2014-10-17

    Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) –

    After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction over disposition of the sale proceeds and denied in part the creditor’s claim for fees. The district court reversed and the case was appealed to the 5thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Wells Fargo, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Lease termination: do you really mean it?
    2014-08-26

    In re 2408 W. Kennedy, LLC, 512 B.R. 708 (Bankr. M.D. Fla. 2014) –

    A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned on whether the landlord effectively terminated the lease prepetition.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Foreclosure: will a last minute sale survive?
    2013-01-10

    In re Cook, 481 B.R. 265 (Bankr. N.D.N.Y. 2012) –

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction lien payments: trust funds or not?
    2012-10-30

    Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) –

    The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to a subcontractor as either a preference or a fraudulent conveyance.  The court’s decision turned on whether the payments were trust funds under the Illinois Mechanics Lien Act.

    Filed under:
    USA, Texas, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Troutman Pepper
    Lease assumption: what if the store has gone “dark”?
    2012-09-04

    Androse Assoc. of Allaire, LLC v. Great Atlantic & Pacific Tea Co. (In re Great Atlantic & Pacific Tea Co.), 472 B.R. 666 (S.D.N.Y. 2012) –

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Landlord, Leasehold estate
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court declares bankruptcy courts’ jurisdiction to decide counterclaims based on state common law unconstitutional
    2011-07-07

    The United States Supreme Court recently ruled in Stern v. Marshall1 that a bankruptcy court lacks constitutional authority to render a final judgment on a bankruptcy estate’s counterclaim against a creditor based on state common law, despite an express statutory grant of jurisdiction. This ruling is the most significant decision regarding bankruptcy court jurisdiction since the Court’s 1982 decision in Northern Pipeline v. Marathon2 and it could significantly affect the administration of bankruptcy cases.

    Root of the Constitutional Problem

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Troutman Pepper, Bankruptcy, Tortious interference, Defamation, Standard of review, Constitutionality, Common law, Subject-matter jurisdiction, Title 11 of the US Code, US Constitution, Article III US Constitution, US Congress, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    Is a secured creditor’s right to credit bid in a sale proposed as part of a plan dead?
    2010-11-29

    In the well-publicized opinion of In re Philadelphia Newspapers, LLC et al., 599 F. 3d 298 (3rd Cir. 2010), the U.S. Court of Appeals for the Third Circuit, agreeing with the U.S. Court of Appeals for the Fifth Circuit,1 held that Section 1129(b)(2)(A) of the Bankruptcy Code (the Code)2 is unambiguous and is to be read in the disjunctive, thus allowing a proponent of a Chapter 11 plan of reorganization to use the "cram down" power under subsection (iii) of that Section without allowing a secured creditor to credit bid on a sale proposed as part of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Credit (finance), Debtor, Federal Reporter, Secured creditor, Majority opinion, Secured loan, United States bankruptcy court, Fifth Circuit, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    Second Circuit Decision Potentially Broadens RICO Proximate Cause Element
    2022-02-14

    The Second Circuit Court of Appeals recently issued an opinion that potentially broadens the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO’s proximate cause element requires a plaintiff to allege facts plausibly establishing that there is a “direct relationship” between the claimed injury and the defendant’s conduct in violation of RICO.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, SCOTUS, Second Circuit
    Location:
    USA
    Firm:
    Troutman Pepper

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