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    New restrictions on creditors’ rights exclusions in title insurance policies
    2010-02-12

    Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country. Title companies have recently stated that they will no longer delete creditors’ rights exclusions from, or add affirmative creditors’ rights coverage as an endorsement to, any of their issued title policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fraud, Interest, Debt, Title insurance, Constructive notice, United States bankruptcy court
    Authors:
    Eric E. Johnson
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Killjoy Bankruptcy Court Denies Debtors’ Motion to Buy Totally Boss Camaro
    2018-07-26

    Weird things happen in bankruptcy court. All you high-falutin Chapter 11 jokers out there, cruise down to the bankruptcy motions calendar one day.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Debtor
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    U.S. Supreme Court Limits Availability of Civil Remedies Against Debt Collectors in Bankruptcy Proceedings
    2017-05-16

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debt, Fair Debt Collection Practices Act 1977 (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    No Trustee Left Behind - Another Bankruptcy Court Requires Colleges to Return Tuition to the Bankruptcy Estate
    2017-02-13

    Another bankruptcy trustee catches another hapless college unaware. In Roach v. Skidmore College (In re Dunston), Bankr. S.D. Ga. (Jan 31, 2017), a trustee appears to win the next battle of “bankruptcy estates v. child’s college,” ruling that an insolvent parent who paid the college tuition of an adult child made a fraudulent transfer to the college.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain
    2016-08-15

    In 1571, Parliament enacted a law, sometimes known as the Statute of 13 Elizabeth, creating one of the greatest means of creditor protection – the proscription of fraudulent transfers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Security (finance), Fraud, US Code, Title 11 of the US Code, US Congress, The Wall Street Journal, Trustee
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a Similar Client in an Out-of-Court Matter?
    2016-05-16

    Either from our prior posts here and here, or from the great posts from Stone and Baxter’s Plan Propon

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall , Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    The A++, super comprehensive, don’t ever start anywhere else set of opening questions, introductory matters, and document inquiries for taking a deposition
    2015-08-31

    Have you ever had to press garlic for a recipe? Or put together a Swedish bookshelf, purchased from a Swedish superstore? Yes, you have – and you may have succeeded, so long as you had a garlic press, or the bag of special Swedish tools respectively. But what if you don’t? Yikes.

    Filed under:
    USA, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall , Leah Fiorenza McNeill
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    American Airlines/US Airways merger: back to square one?
    2013-09-04

    On 13th August 2013, the US Department of Justice (DOJ) and attorneys general from six US states and the District of Columbia filed suit in the US District Court for the District of Columbia to block the merger between US Airways and American Airlines. Days before, a group of American Airlines customers filed a claim that the merger would violate Section 7 of the Clayton Act.

    Filed under:
    USA, Aviation, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), US Department of Justice, American Airlines
    Authors:
    Robert Bell
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Ninth Circuit Declines To Decide When Contempt Sanction Becomes Punishment
    2018-07-25

    Bankruptcy courts have authority to hold in civil contempt one who refuses to comply with a bankruptcy court order, including incarceration and/or daily fines until the offender complies.[1] But when does civil contempt[2] cross into criminal contempt, which is punitive and outside

    Filed under:
    USA, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Ninth Circuit, US District Court for Central District of California
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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