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    CFPB Releases Blog Post on the Dischargeability of Private Student Loans in Bankruptcy
    2022-04-14

    On April 12, the Consumer Financial Protection Bureau (CFPB) released a blog post titled “Busting myths about bankruptcy and private student loans.” In the blog post, the CFPB argues that certain private education loans can be discharged in bankruptcy. Specifically, the CFPB argues that the following private student loans can be discharged without a showing of undue hardship and an adversary proceeding:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Bankruptcy, Consumer Financial Protection Bureau (USA)
    Authors:
    Christopher J. Capurso
    Location:
    USA
    Firm:
    Troutman Pepper
    FERC Asserts Concurrent Jurisdiction with Bankruptcy Court over Natural Gas Transportation Service Agreements
    2020-07-01

    On June 22, 2020, FERC issued a declaratory order confirming its view that it shares jurisdiction with the United States Bankruptcy Court (“Bankruptcy Court”) over transportation agreements between ETC Tiger Pipeline, LLC (“ETC Tiger”) and Chesapeake Energy Marketing L.L.C. (“Chesapeake”). As a result, aside from obtaining approval from the Bankruptcy Court to reject its contracts with ETC Tiger, Chesapeake must seek a determination from FERC as to whether a filed rate may be modified or abrogated under the Natural Gas Act (“NGA”).

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Troutman Pepper, US Securities and Exchange Commission
    Authors:
    Sidney Villanueva , Russell Kooistra
    Location:
    USA
    Firm:
    Troutman Pepper
    FERC Seeks Sixth Circuit Rehearing En Banc Regarding Its Role in Bankruptcy Proceedings
    2020-02-05

    On January 27, 2020, FERC petitioned the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) for rehearing en banc of that court’s decision finding bankruptcy court-FERC concurrent jurisdiction over certain power purchase agreements. Notwithstanding such concurrent jurisdiction, the Sixth Circuit’s decision finds that the bankruptcy court’s concurrent jurisdiction is paramount, and that therefore, FERC-jurisdictional power purchase agreements are susceptible to rejection in bankruptcy.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Troutman Pepper, Title 11 of the US Code, Federal Power Act 1920 (USA), FERC, Sixth Circuit, U.S. Court of Appeals
    Authors:
    Tom Marshall
    Location:
    USA
    Firm:
    Troutman Pepper
    New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State
    2019-05-10

    On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act. As the title indicates, the Act creates a licensing regime for servicers of residential mortgage loans secured by real property within New Jersey. As with many state licensing regimes, the Act exempts most banks and credit unions from licensing.

    Filed under:
    USA, New Jersey, Banking, Insolvency & Restructuring, Real Estate, Troutman Pepper
    Authors:
    David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Ambiguous UCC Collateral Descriptions Part II: Another Snare for Private Equity Companies
    2018-10-25

    On August 20, the U.S. Bankruptcy Court for the Central District of Illinois in In re I80 Equipment, LLC, No.17-81749, 2018 WL 4006294 (Bankr. C.D. Ill. Aug. 20, 2018) held that a secured party failed to perfect its security interest due to an insufficient description of the collateral listed in its UCC-1 financing statement. The financing statement failed to sufficiently describe the collateral because it referenced the definition of “collateral” in the underlying security agreement without attaching the security agreement to the financing statement.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Private equity, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provision of the Bankruptcy Code
    2017-05-25

    In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017)

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, General contractor, Subcontractor, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Trespass and other claims: ever wonder if litigation is worth it?
    2015-05-20

    Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC), 525 B.R. 510 (Bankr. N.D. Ga. 2015) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Substantive consolidation: when abuse goes too far an LLC will not shield assets
    2015-02-24

    In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) –

    A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned limited liability company (LLC).  Only the debtors, and none of the creditors, objected to substantive consolidation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Mortgage recording requirements: tiny technical defect strikes again
    2014-12-16

    Rogan v. U.S. Bank, N.A. (In re Partin), 517 B.R. 770 (Bankr. E.D. Ky. 2014) –

    A chapter 7 trustee sought to avoid mortgages on three properties using his “strong arm” powers, arguing that they were improperly recorded and thus did not provide constructive notice to a purchaser or lien creditor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Mortgage loan, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Stay relief: what happens to “unreasonable” fees?
    2014-10-17

    Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) –

    After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction over disposition of the sale proceeds and denied in part the creditor’s claim for fees. The district court reversed and the case was appealed to the 5thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Wells Fargo, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper

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