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    Environmental claims: the gift that keeps on giving
    2014-10-10

    Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) –

    A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco appealed to the 2d Circuit.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Troutman Pepper, Environmental remediation
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage enforcement: dot those “I”s and cross those “t”s – or else
    2014-08-19

    In re Demers, 511 B.R. 233 (Bankr. D. R.I. 2014) –

    A chapter 13 debtor objected to the portion of a mortgagee’s claim consisting of expenses related to foreclosure of its mortgage. She argued that since the mortgagee failed to comply with notice requirements under the mortgage, the foreclosure expenses were not valid.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Foreclosure, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Prepetition post-default rents: who gets the cash – Round 2?
    2013-01-03

    In re Prospect Studios, L.P.,478 B.R. 367 (Bankr. W.D. Mo. 2012) –

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Accounts receivable, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Marshaling assets: variation on a theme
    2012-10-23

    Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) –

    Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy farm.  The bank loan was secured by assets of the Enrights, and also guaranteed by Steven’s parents, with the parents’ guarantee secured by a mortgage on the dairy farm itself (which was owned by the parents).

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Troutman Pepper, Shareholder, Collateral (finance), Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Automatic stay
    2012-08-23

    Hiraldo v. Banco Popular Depuerto Rico (In re Hiraldo), 471 B.R. 676 (D. P.R. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Japanese and Singaporean investors capitalizing on U.S. investment opportunities
    2011-06-06

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 4, No. 6 edition of the Bloomberg Law Reports—Asia Pacific Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    Japan, Singapore, USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Troutman Pepper, Foreign direct investment, Credit (finance), Security (finance), Market liquidity, Subprime lending, Investment banking, Economy, Balance sheet, Distressed securities, Brokerage firm
    Authors:
    Todd A. Feinsmith
    Location:
    Japan, Singapore, USA
    Firm:
    Troutman Pepper
    In In re Karcredit LLC, US Bankruptcy Court Holds Stock Issuer Liable to Lender for Double-Pledged Stock
    2021-07-21

    In In re KarcreditLLC [1], the U.S. Bankruptcy Court for the Western District of Louisiana was faced with two lenders with claims to one original stock certificate as collateral.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy
    Location:
    USA
    Firm:
    Troutman Pepper
    Chapter 11 Debtors Clash With the SBA Over PPP Eligibility
    2020-05-01

    The SBA’s Rules Exclude Bankruptcy Debtors From Relief Under the Paycheck Protection Program

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Public-private partnership, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA), Small Business Administration (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Delaware Bankruptcy Court Approves Settlement of Alleged Violation of Massachusetts Telemarketing Laws
    2020-01-06

    On December 17, the United States Bankruptcy Court for the District of Delaware approved a settlement between Starion Energy Inc. and the Commonwealth of Massachusetts in which Starion agreed to pay up to $10 million to resolve claims that it engaged in deceptive business practices and violated state telemarketing laws.

    Starion is a retail provider of electricity and natural gas that offers service to residential and commercial customers in states where energy deregulation permits customers to choose their supplier.

    Filed under:
    USA, Delaware, Massachusetts, Insolvency & Restructuring, Litigation, Telecoms, Troutman Pepper, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Make-Whole Provision Upheld by Bankruptcy Court Despite Lender's Loan Acceleration
    2019-04-26

    In a win for lenders, on March 18, the U.S. Bankruptcy Court for the Southern District of New York held that an unambiguous make-whole provision in a loan contract was enforceable under New York law, despite the fact that the lender had accelerated the loan. In re 1141 Realty Owner LLC, 2019 WL 1270818 (Bankr. S.D.N.Y. Mar. 18, 2019).

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper

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