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    Bailment: retaining funds received from a bankrupt bailee is not a slam dunk
    2015-05-27

    In re Mississippi Valley Livestock, Inc., 745 F.3d 299 (7th Cir. 2014) –

    A debtor sold cattle for the account of a cattle producer and then remitted the proceeds to the producer.  A chapter 7 trustee sought to recover the payments as preferential transfers.  The trustee lost in both the bankruptcy and district courts, and then appealed to the 7th Circuit.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Sale orders: ignore at your peril, even after the bankruptcy case is closed
    2015-02-27

    Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) –

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording: what happens when there is an extra “e”?
    2014-12-19

    Weiss v. JPMorgan Chase Bank, N.A. (In re Thibault), 518 B.R. 635 (Bankr. D. Mass. 2014) –

    A chapter 7 trustee sought to avoid a mortgage using his “strong­arm” powers on the basis that it was not properly recorded because the spelling of the debtor’s last name in the mortgage was not the “correct” spelling.

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage-backed securities: “it is the rare ordinary human being who understands them”
    2014-10-21

    In re Lehman Bros. Holdings Inc., 513 B.R. 624 (Bankr. S.D.N.Y. 2014) 

    A purchaser of residential mortgage-backed securities filed proofs of claim based on alleged misrepresentations by the debtors in offering materials distributed in connection with sale of the securities. The debtors objected and sought to subordinate the claims as claims arising from securities “of” the debtors.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Security (finance), Mortgage-backed security
    Location:
    USA
    Firm:
    Troutman Pepper
    Fraudulent transfer: a case where strong arm powers were “an inch too short”
    2014-08-29

    Casey v. Rotenberg (In re Kenny G Enterprises, LLC), 512 B.R. 628 (C.D. Cal. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy sale offers: highest is not always best
    2013-01-15

    In re Diplomat Construction, Inc., 481 B.R. 215 (Bankr. N.D. Ga. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Bidders beware: collusion to control sale price is subject to sanctions
    2012-11-01

    Boyer v. Gildea, 475 B.R. 647 (N.D. Ind. 2012) –

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Collusion
    Location:
    USA
    Firm:
    Troutman Pepper
    Can default interest and late fees be excluded from secured claims? … Maybe, maybe not
    2012-09-06

    In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) –

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    How to reclaim something that isn’t there: a creative way around § 546(c)
    2011-07-12

    Back in the mists of time, a seller that had a valid reclamation claim but was denied the return of its goods was entitled to an administrative expense claim (a claim with a higher priority than a general unsecured claim and thus a better chance of getting paid) or a lien on the debtor’s assets. The 2005 amendment to § 546(c) of the Bankruptcy Code changed all that by stripping away those alternative remedies.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Unsecured debt, Interest, Covenant (law), Mortgage loan, Right of first refusal, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Is a secured creditor’s right to credit bid in a sale proposed as part of a plan dead?
    2010-11-29

    In the well-publicized opinion of In re Philadelphia Newspapers, LLC et al., 599 F. 3d 298 (3rd Cir. 2010), the U.S. Court of Appeals for the Third Circuit, agreeing with the U.S. Court of Appeals for the Fifth Circuit,1 held that Section 1129(b)(2)(A) of the Bankruptcy Code (the Code)2 is unambiguous and is to be read in the disjunctive, thus allowing a proponent of a Chapter 11 plan of reorganization to use the "cram down" power under subsection (iii) of that Section without allowing a secured creditor to credit bid on a sale proposed as part of the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Credit (finance), Debtor, Federal Reporter, Secured creditor, Majority opinion, Secured loan, United States bankruptcy court, Fifth Circuit, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper

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