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    District Court Holds CRAs Not Obligated To Determine Legal Status of Debt
    2020-04-22

    Earlier this month, in Davis v. Carrington Mortgage Services, LLC, et al., the United States District Court for the District of Nevada held that consumer reporting agencies are not obligated to determine the legal status of debts. The Court also reinforced the plausible pleading standard for Fair Credit Reporting Act cases, while providing an overview of CRAs’ obligations under the act.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Fifth Circuit Ruling is Double-Edged Sword for Education-Related Loans
    2019-11-06

    On October 22, the Court of Appeals for the Fifth Circuit issued a ruling in Crocker v. Navient Solutions that could have mixed consequences for student loan borrowers and creditors alike. The Court determined that a bankruptcy court lacks the authority to enforce discharge injunctions issued by bankruptcy courts in other districts.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Public, Troutman Pepper, U.S. Court of Appeals
    Authors:
    Jared D. Bissell , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    U.S. District Court Judge Denies Motions to Withdraw PG&E Adversary Proceeding from Bankruptcy Court
    2019-03-21

    On March 11, 2019, a U.S. district court judge in California denied FERC’s motion to withdraw the reference of Pacific Gas and Electric’s (“PG&E”) adversary proceeding from the U.S. Bankruptcy Court in the ongoing jurisdictional dispute between FERC and the bankruptcy court. In his ruling, Judge Haywood Gilliam Jr. of the U.S.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court, US District Court for Northern District of California
    Authors:
    Tom Marshall , Russell Kooistra
    Location:
    USA
    Firm:
    Troutman Pepper
    Courts Expand Eligibility for Chapter 13 Bankruptcy of Persons Seeking to Discharge Outstanding Student Loans
    2018-05-10

    Chapter 13 of the United States Code’s eleventh title (“Bankruptcy Code” or “Code”) “permits any individual with regular income to propose and have approved a reasonable plan for debt repayment based on that individual’s exact circumstances,” explaining why a Chapter 13 plan is commonly known as “a wage earner’s plan.” In general, upon winning approval of such a plan by a bankruptcy court, a debtor is obligated to pay any post-petitio

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Bankruptcy, Student loan
    Authors:
    Timothy "Tim" J. St. George , David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Credit bidding: not an absolute right (and what does that mean?)
    2015-07-29

    In re RML Dev., Inc., 528 B.R. 150 (Bankr. W.D. Tenn. 2014) –

    A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy Court: New GM is ‘free and clear’ of Old GM’s ignition switch economic loss claims
    2015-04-22

    Parties to all legal proceedings - including bankruptcy proceedings - are entitled to Constitutionally protected due process rights, including reasonable notice and an opportunity to be heard. In the bankruptcy context, the debtor must give known creditors reasonable notice of certain critical events, including the sale of the debtor’s assets and the deadline to file claims against the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Due process, United States bankruptcy court
    Authors:
    Henry J. Jaffe , Lesley S. Welwarth
    Location:
    USA
    Firm:
    Troutman Pepper
    Real estate cases: you may want to think twice before you file
    2015-01-30

    Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  –

    A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It alleged that the bankruptcy petition was filed for an improper purpose.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    Loan to own variation: bankruptcy may not provide the answers
    2014-11-21

    In re SR Real Estate Holdings, LLC, 506 B.R. 121 (Bankr. S.D. Cal. 2014) –

    A group of lenders moved to dismiss the debtor’s bankruptcy case on the basis that it was filed in bad faith, or in the alternative asked the court to find that the debtor was a “single asset real estate” and then to grant the lenders relief from the automatic stay.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Subcontractor claims: what can you do once your general contractor files bankruptcy?
    2014-09-30

    Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) –

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Troutman Pepper
    Environmental claims: twenty years later
    2014-08-05

    In re Solitron Devices, Inc., 510 B.R. 890 (Bankr. S.D. Fla. 2014) –

    A Chapter 11 debtor moved to reopen its bankruptcy case more than 15 years after it was closed in order to enforce the plan confirmation order to prevent claims by a state environmental agency and other potentially responsible parties for clean-up costs at a landfill.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper

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