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    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Challenging a bankruptcy sale: you snooze, you lose
    2012-09-11

    Reynolds v. Rushton, 473 B.R. 436 (D. Utah 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Good faith
    Location:
    USA
    Firm:
    Troutman Pepper
    New York Bankruptcy Court allows total cost method to calculate contractor’s inefficiency damages resulting from restaging of project
    2011-12-20

    GII Industries, Inc. v. New York Dep’t of Transp. 2011 Bankr. LEXIS 3663 (Bankr. E.D.N.Y. Sept. 30, 2011)  

    The Bankruptcy Court for the Eastern District of New York considered the appropriate method for calculating a contractor’s inefficiency damages and whether the contractor was entitled to prejudgment interest in connection with a highway reconstruction project. The Court held that the total cost method was the appropriate manner by which to calculate damages and that the contractor was entitled to prejudgment interest running from the date final payment was due.

    Filed under:
    USA, New York, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Pricing risk: Title II of the Dodd-Frank Act - orderly liquidation authority
    2011-01-11

    Title II of the Dodd-Frank Act establishes a receivership process by which the FDIC can engage in an orderly liquidation process to wind down the affairs of and liquidate the assets of certain failing financial companies that pose a significant risk to the financial stability of the United States.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Shareholder, Debtor, Statutory interpretation, Hedge funds, Mortgage loan, Liquidation, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Frank A. Mayer, III , Michael J. Callaghan
    Location:
    USA
    Firm:
    Troutman Pepper
    Reevaluating Retail REIT Restructurings
    2020-10-05

    Sarah Banda U.S. Bankruptcy Court (N.D. Ga.); Atlanta On May 15th, JCPenney announced that the company was filing for chapter 11 relief. Another in a trend of major retailers filing for bankruptcy. JCPenney's announcement was expected, as forced closures in the pandemic exacerbated the company's pre-COVID financial problems.1 However, what raised some eyebrows is the company's plan to spin its properties into a real estate investment trust (REIT) as a part of its proposal to emerge from bankruptcy.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Restructuring in the Time of Coronavirus
    2020-03-20

    An increasing number of businesses — even those that have traditionally been financially and operationally sound — are now experiencing unanticipated revenue losses as a result of the coronavirus pandemic. Companies may find themselves in the unfamiliar position of being out of compliance with financial covenants with lenders, unable to meet financial obligations to vendors, in default of contractual obligations, or in need of financial or restructuring/bankruptcy assistance.

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Landlord, Coronavirus
    Authors:
    Deborah Kovsky-Apap
    Location:
    USA
    Firm:
    Troutman Pepper
    Fourth Circuit Overrules Witt v. United Cos. Lending Corp. (In re Witt)
    2019-06-18

    In Witt v. United Cos. Lending Corp. (“In re Witt”), 113 F.3d 508 (4th Cir. 1997), the Fourth Circuit held that Chapter 13 debtors are not permitted to bifurcate undersecured home mortgage loans into separate secured and unsecured claims. In re Witt, 113 F.3d at 509. Recently, the Court overruled this twenty-two-year-old decision in an en banc opinion, Hurlburt v. Black, No. 17-2449, 2019 WL 2237966 (4th Cir. 2019).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Title 11 of the US Code, Federal Reserve System
    Location:
    USA
    Firm:
    Troutman Pepper
    Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA
    2018-11-15

    The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law in West Virginia, an answer is forming.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Consumer protection, Debt, Foreclosure, Standing (law), Debt collection, Bankruptcy discharge, Circuit court
    Authors:
    Andrew B. Buxbaum , David M. Gettings , David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Profit Sharing Ruled an Unenforceable Anti-Assignment Restriction
    2017-09-14

    Reprinted with permission from the September 14, 2017 issue of The Legal Intelligencer. © 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, United States bankruptcy court
    Authors:
    Francis J. Lawall , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    “Deed in lieu”: deed that is not really in lieu of foreclosure will likely not be treated as a deed
    2015-06-03

    In re Primes, 518 B.R. 466 (Bankr. N.D. Ill. 2014) –

    A mortgagee moved for relief from the automatic stay, arguing that it acquired title to property prior to the bankruptcy under a quit claim deed given to it by the debtor. However, the bankruptcy court agreed with the debtor that the deed, which was given in connection with a forbearance agreement, should be treated as an equitable mortgage.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Deed
    Location:
    USA
    Firm:
    Troutman Pepper

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