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    Prepetition lis pendens notice sufficient to prevent debtors-in-possession from avoiding equitable lien under exercise of strong-arm powers
    2011-04-20

    The United States Bankruptcy Court for the Western District of Kentucky recently found that a vendor’s filing of a prepetition notice of lis pendens served to place any hypothetical judicial lien creditor, execution creditor, or purchaser of real property on notice of its equitable lien against the property for the unpaid portion of the purchase price. This prepetition notice of lis pendens prevented the debtors-in-possession from avoiding the vendor’s lien in exercise of their strong-arm powers under 11 U.S.C. § 544.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Default (finance), Capital punishment, US Department of Agriculture, US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Fradulent transfers
    2011-04-28

    Click here to view the webinar.

    Click here to download the PowerPoint.

    Click here to download the materials.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Nexsen Pruet, Debtor, Unsecured debt, Fraud, Division of property, Consideration, Debt, Legal burden of proof, Good faith, Conveyancing, Circumstantial evidence, US Code
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Court blocks sealing of preference defendants’ financial records
    2011-05-06

    Reprinted with permission from the May 6, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last 12 months there has been a substantial increase in the number of preference recovery actions filed. The irony created by the current economic environment is that many such defendants are themselves financially distressed and unable to fully satisfy any judgment that might be rendered against them.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Fiduciary, Discovery, Defamation, The Legal Intelligencer, US Code, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Francis J. Lawall , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    Potential distributions in Madoff case
    2011-05-09

    Some victims of the now infamous Bernard L. Madoff ("Madoff") Ponzi scheme may receive a partial distribution in the next few months. On May 4, 2011, Irving H. Picard, the Trustee appointed for the liquidation of the business of Bernard L. Madoff Investment Securities LLC ("BLMIS") under the Securities Investor Protection Act, 15, U.S.C.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Moses & Singer LLP, Bankruptcy, Security (finance), Limited liability company, Liquidation, Pro rata, US Code, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Alan E. Gamza , Kent C. Kolbig
    Location:
    USA
    Firm:
    Moses & Singer LLP
    Restaurant chain Perkins & Marie Callender's, Inc., files for bankruptcy in Delaware
    2011-06-14

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Leisure & Tourism, Litigation, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Limited liability partnership, Debt, US Code, Chief executive officer, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Supreme Court limits Bankruptcy Court jurisdiction
    2011-06-23

    In a decision that may create serious problems for bankruptcy case administration, the Supreme Court this morning invalidated part of the Bankruptcy Court jurisdictional scheme. Stern v. Marshall, No. 10-179, 564 U.S. ___ (June 23, 2011). Specifically, the Court held that the Bankruptcy Courts cannot issue final judgments on garden variety state law claims that are asserted as counterclaims by the debtor or trustee against creditors who have filed proofs of claim in the bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Debtor, Waiver, Tortious interference, US Code, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Seventh Circuit holds that free and clear sale plan cannot be confirmed without preserving secured creditor's credit bidding rights: ruling creates circuit split
    2011-06-29

    On June 28, 2011, the Court of Appeals for the Seventh Circuit rejected the views of the Third Circuit and the Fifth Circuit and held that a reorganization plan which proposes the sale of encumbered assets free and clear of liens must honor the secured creditor’s right to credit bid its claim in order to be confirmed under the “fair and equitable” standard of the Bankruptcy Code. In the combined appeals of In re River Road Hotel Partners, LLC, et al. andIn re Radlax Gateway Hotel, LLC, et al.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Secured creditor, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Circuit Court sides with secured lender -- holds credit bidding too important to be prohibited in bankruptcy sales, even those under a plan
    2011-07-05

    The United States Court of Appeals for the Seventh Circuit issued its much anticipated decision in In Re River Road Hotel Partners, LLC, __ F.3d __ (7th Cir., June 28, 2011). In the closely watched case, the Seventh Circuit declined to follow the Third Circuit’s decision in Philadelphia Newspapers, 599 F.3d 298 (3d Cir. 2010), holding instead that secured lenders have the right to credit bid in “free and clear” asset sales where their liens are being stripped, whether those sales occur under section 363 of the Bankruptcy Code or under a chapter 11 plan.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Litigation, Bracewell LLP, Bankruptcy, Debtor, Collateral (finance), Federal Reporter, Debt, Secured loan, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Bankruptcy courts in the Second Circuit must review a sale of a US property under 11 U.S.C. § 363
    2015-03-23

    The Second Circuit in Krys v. Farnum Place (In re Fairfield Sentry Ltd.)1 denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC (Farnum), a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, US Code, Second Circuit, United States bankruptcy court
    Authors:
    George P. Angelich , George V. Utlik
    Location:
    USA
    Firm:
    ArentFox Schiff
    Venue reform three years later
    2014-07-29

    House bill H.R. 2533 was introduced three years ago with much fanfare by the then Chairman of the  House Judiciary Committee. H.R. 2533 proposes amending “title 28 of the United States Code with  respect to proper venue for cases filed by corporations under chapter 11 of title 11 of such Code.” It is  intended to reduce the number of jurisdictions available for filing a bankruptcy case by effectively  eliminating a debtor’s “place of incorporation” as a venue option.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robinson & Cole LLP, Bankruptcy, US House Committee on the Judiciary, US Code, United States bankruptcy court
    Authors:
    Patrick M. Birney , Michael R. Enright , Steven J. Boyajian , Travis R. Searles
    Location:
    USA
    Firm:
    Robinson & Cole LLP

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