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    Real estate cases: bad faith filing does not necessarily mean that you are a bad person
    2015-01-27

    n re Sterling Bluff Investors, LLC, 515 B.R. 902 (Bankr. S.D. Ga. 2014) –

    A mortgagee moved to dismiss a real estate debtor’s chapter 11 case, or in the alternative for relief from the automatic stay.  It contended that the debtor filed bankruptcy in bad faith, and that this was a “single asset real estate” case subject to special provisions regarding its entitlement to relief from the stay.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Bad faith
    Location:
    USA
    Firm:
    Troutman Pepper
    Strong arm powers: mortgage boo-boo strikes again
    2014-11-18

    Kellner v First Ohio Banc & Lending, Inc. (In re Geraci), 507 B.R. 224 (Bankr. S.D. Ohio 2014) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    LLC operating agreement: is a purchase option enforceable against a bankrupt member?
    2014-09-26

    In re Denman, 513 B.R. 720 (Bankr. W.D. Tenn. 2014) –

    A chapter 13 debtor was a member of a limited liability company. Another member sought relief from the automatic stay in order to exercise a right to acquire the debtor’s membership interests pursuant to the LLC operating agreement.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Post-petition interest: default rate is not a slam dunk
    2014-08-01

    In re Residential Capital, LLC, 508 B.R. 851 (Bankr. S.D.N.Y. 2014) –

    An oversecured creditor claimed post-petition interest at the contract default rate. The debtors and the post-confirmation liquidating trust objected, arguing that the lender should be limited to the non-default rate.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Default (finance)
    Location:
    USA
    Firm:
    Troutman Pepper
    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Treatment under a plan of reorganization: what does it take to discharge a mortgage?
    2012-10-02

     

    Acceptance Loan Co. v. S. White Transp., Inc. (In re S. White Transp., Inc.), 473 B.R. 695 (S.D. Miss. 2012) –

    In S. White Transportation, by remaining silent until after confirmation, a mortgagee managed to retain its lien notwithstanding the debtor’s attempt to discharge it through a plan of reorganization.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    TOUSA: what’s all the fuss?
    2012-08-10

    Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 680 Fed 3rd 1298 (11th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    Successor liability after a Section 363 sale - buyer beware
    2011-03-18

    Reprinted with permission from the March 18, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last couple of years, the predominant goal in many business bankruptcy proceedings has been the sale of substantially all of the estate's assets. Such bankruptcy sales are often favored by buyers under Section 363(f), which enables a "free and clear" transfer of the assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Limited liability company, Liability (financial accounting), In rem jurisdiction, Title 11 of the US Code, Ford Motor Company, General Motors, The Legal Intelligencer, United States bankruptcy court
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper
    2020 Consumer Financial Services Year in Review & A Look Ahead
    2021-03-02

    2020 was a transformative year for the consumer financial services world. As we navigated an unprecedented volume of industry regulation, Troutman Pepper leveraged our decades of experience and legal know how to help clients find successful resolutions and stay ahead of the compliance curve.

    Filed under:
    USA, Arbitration & ADR, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Telecoms, Troutman Pepper, Cybersecurity
    Location:
    USA
    Firm:
    Troutman Pepper
    Director Fiduciary Duties: Navigating Insolvency Risk in Newly (COVID-19) Distressed Companies
    2020-04-17

    As COVID-19 related economic disruptions place unprecedented stress on cash flows, the risk of insolvency is a new and growing concern for many businesses. Against the backdrop of a decades-long growth in corporate debt, boards of directors are making decisions that have the potential for pitting the interests of creditors against the interests of equity shareholders.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Troutman Pepper, Shareholder, Fiduciary, Directors' duties, Coronavirus, Insolvency Act 1986 (UK)
    Location:
    USA
    Firm:
    Troutman Pepper

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