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    Lender Beware: Two Recent Bankruptcy Cases Highlight Importance of Diligence in UCC-1 Filings
    2020-02-24

    Lenders should view as cautionary tales two recently handed down decisions regarding UCC-1 financing statements and the perfection of security interests. On December 20, 2019, the U.S. Bankruptcy Court for the District of Kansas in In re Preston held that security interests in personal property were unperfected because the UCC-1 incorrectly set forth the debtor’s name. On January 2, 2020, the U.S.

    Filed under:
    USA, North Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Recourse in MCA Agreements
    2019-06-11

    In preparing a merchant cash advance (MCA) agreement on behalf of the provider, there is constant tension between the urge to include every conceivable contractual right for protecting the provider’s economic interests and the need to avoid language that might reorder the parties’ relationship in a way that renders the entire agreement unenforceable. Deciding how to address the possibility that the merchant might pursue bankruptcy poses a particularly challenging dilemma.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, New York Supreme Court
    Location:
    USA
    Firm:
    Troutman Pepper
    Eastern District of Wisconsin Holds Whether Debt Has Been Fully Paid is Legal Issue Not Actionable Under FCRA
    2018-11-05

    On October 26, the Eastern District of Wisconsin issued a ruling dismissing a Fair Credit Reporting Act case. In Garland v. Marine Credit Union, the Court granted summary judgment in favor of the debt collector, holding the dispute was a legal issue such that the consumer could not establish a factual inaccuracy in the credit reporting.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Fair Credit Reporting Act 1970 (USA)
    Authors:
    Ethan G. Ostroff , 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
    Environmental liability: relief through bankruptcy or not?
    2015-03-03

    In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) –

    Filed under:
    USA, Kentucky, Environment & Climate Change, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction contracts: nothing beats a meeting of the minds
    2014-12-30

    Waldschmidt v. Singletary Construction LLC (In re Tackett), 516 B.R. 498 (Bankr. M.D. Tenn. 2014) –

    A bankruptcy trustee sought turnover of profits from the sale of homes constructed by a contractor.  The trustee contended that there were contracts between the debtor and the contractor pursuant to which the debtor agreed to reimburse the contractor for its costs plus pay a $15,000 contractor’s fee for each home.

    Filed under:
    USA, Tennessee, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage modifications: senior loans may become not so senior
    2014-10-24

    Sperry Assoc. Fed. Credit Union v. US Bank Nat’l Ass’n (In re White), 514 B.R. 365 (Bankr. E.D.N.Y. 2014) –

    A junior mortgagee sought to subordinate the senior mortgage loan based on an argument that modification of the senior loan impaired the junior mortgagee’s rights.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    LLC managers beware: get involved with member distributions by an insolvent LLC and you may be personally liable
    2014-09-02

    Vieira v. Harris (In re JK Harris & Co., LLC), 512 B.R. 562 (Bankr. D. S.C. 2012) –

    A chapter 7 trustee sued a manager of three limited liability company (LLC) debtors for breach of fiduciary duty and to hold the manager personally liable for distributions made to members, including himself.

    Filed under:
    USA, South Carolina, Insolvency & Restructuring, Litigation, Troutman Pepper, Fiduciary, Limited liability company, Gross negligence
    Location:
    USA
    Firm:
    Troutman Pepper
    Tortious interference claims: something to keep in mind
    2014-07-01

    Highland Capital Mgmt. L.P. v. UBS Securities, LLC (In re Lyondell Chemical Co.), 505 B.R. 409 (S.D.N.Y. 2014) –

    A hedge fund sued an investment bank for tortious interference based on its exclusion from participation in exit financing for a debtor. The bankruptcy court granted the investment banker’s motion to dismiss for failure to state a claim, and the hedge fund appealed.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Tortious interference
    Location:
    USA
    Firm:
    Troutman Pepper

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