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    Bankruptcy trustees not entitled to injunctive relief that would give them priority to D&O policy proceeds
    2007-05-15

    The United States Bankruptcy Court for the District of Massachusetts has denied injunctive relief requested by two bankruptcy trustees seeking to stay the prosecution and settlement of shareholder actions proceeding against various former officers and directors of a bankrupt corporation. In re Enivid, 2007 WL 806627 (Bankr. D. Mass. Mar. 16, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Debtor, Injunction, Security (finance), Breach of contract, Class action, Fiduciary, Board of directors, Preliminary injunction, Liquidation, US Code, Trustee, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Massachusetts Bankruptcy Court: purchaser of mortgage lacks standing to seek relief from bankruptcy stay to foreclose where it lacks evidence of transfers of mortgage
    2008-10-22

    The United States Bankruptcy Court for the District of Massachusetts recently denied a mortgage purchaser’s Motion for Relief from Automatic Stay of Chapter 13 proceedings on the ground that the purchaser lacked standing where it could not provide documentary evidence showing each transfer of the mortgage. In re Robin Hayes, Case No. 07-13967-JNF (August 19, 2008).

    In November 2004, the Debtor, Robin Hayes, obtained a $324,000 mortgage from Argent Mortgage Company LLC (“Argent Mortgage”). The mortgage subsequently was sold and ultimately ended up with Deutsche Bank.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Security (finance), Interest, Subprime lending, Mortgage loan, Foreclosure, Standing (law), Deutsche Bank, Citigroup, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Locke Lord LLP
    Discharge injunction does not bar known creditor who did not receive adequate notice of bar date or confirmed plan
    2008-10-31

    In In re Arch Wireless,1 the United States Court of Appeals for the First Circuit held that a creditor who asserted claims against the debtor in various correspondence between the parties was a “known” claimant of the debtor’s estate entitled to direct notice of the bar date by which it must file a proof of claim. The Court of Appeals concluded that publication notice was insufficient to inform the creditor of the bar date or of the terms of the confirmed plan, even though the creditor was generally aware of the debtor’s bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Due process, Contempt of court, Constructive notice, Title 11 of the US Code, United States bankruptcy court, First Circuit, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy trustees not entitled to injunctive relief that would give them priority to D&O policy proceeds
    2007-05-15

    The United States Bankruptcy Court for the District of Massachusetts has denied injunctive relief requested by two bankruptcy trustees seeking to stay the prosecution and settlement of shareholder actions proceeding against various former officers and directors of a bankrupt corporation. In re Enivid, 2007 WL 806627 (Bankr. D. Mass. Mar. 16, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Shareholder, Debtor, Injunction, Security (finance), Breach of contract, Class action, Fiduciary, Board of directors, Preliminary injunction, Liquidation, US Code, United States bankruptcy court, US District Court for District of Massachusetts, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Discharge injunction does not bar known creditor who did not receive adequate notice of bar date or confirmed plan
    2008-10-31

    In In re Arch Wireless,1 the United States Court of Appeals for the First Circuit held that a creditor who asserted claims against the debtor in various correspondence between the parties was a “known” claimant of the debtor’s estate entitled to direct notice of the bar date by which it must file a proof of claim. The Court of Appeals concluded that publication notice was insufficient to inform the creditor of the bar date or of the terms of the confirmed plan, even though the creditor was generally aware of the debtor’s bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Due process, Contempt of court, Constructive notice, Title 11 of the US Code, United States bankruptcy court, First Circuit, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fact inquiry necessary to determinate which sales of securities were "by means of" misstatements
    2010-10-22

    The U.S. Bankruptcy Court for the District of Massachusetts recently denied a motion for summary judgment on the issue of damages by investors in Access Cardiosystems, Inc. against one of the defendants, Randall Fincke. The investors had asserted claims against Mr.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Security (finance), Patent infringement, Fraud, Misrepresentation, Legal burden of proof, Westlaw, United States bankruptcy court, US District Court for District of Massachusetts
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt
    2019-04-16

    In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, a standby clause in a subordination agreement prevented a subordinated lender from conducting discovery concerning the senior lender’s claims.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Jones Day, Federal Reporter, Debt, Subordinated debt, United States bankruptcy court, First Circuit, US District Court for Northern District of Illinois, US District Court for District of Massachusetts
    Authors:
    Timothy Hoffmann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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