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    Sales free and clear: what about restrictive covenants?
    2014-10-07

    Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC), 746 F.3d 1206 (11th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Covenant (law)
    Location:
    USA
    Firm:
    Troutman Pepper
    Affiliate transfer: fraudulent conveyance or unwinding resulting trust?
    2014-08-12

    Anderson v. Architectural Glass Constr., Inc. (In re Pfister), 749 F.3d 294 (4th Cir. 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Troutman Pepper, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Protecting utilities: would you believe a bill payment is a settlement payment under a forward contract?
    2012-12-20

    Lightfoot v. MX Energy Electric, Inc. (In re MBS Management Services, Inc.), 690 F.3d 352 (5th Cir. 2012) –

    The bankruptcy trustee of a property management company sought to recover money paid to a power company prior to bankruptcy as an avoidable preference.  The Fifth Circuit agreed with both the bankruptcy court and the district court that the payments were settlement payments under a forward contract exempt from avoidance.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Commodity, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    “Strong arm” powers: not all mistakes are equal in avoiding a mortgage
    2012-10-16

    Field v. Wells Fargo Home Mortgage (In re Jared), 474 B.R. 521 (Bankr. S.D. Ohio 2011) –

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Constructive notice
    Location:
    USA
    Firm:
    Troutman Pepper
    Accepting payment before a construction lien is filed: catch-22?
    2012-08-16

    Johnson Memorial Hospital, Inc. v. New England Radiator Works (In re Johnson Memorial Hospital, Inc.), 470 B.R. 119 (Bankr. D. Conn. 2012) –

    Filed under:
    USA, Connecticut, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Statutory interpretation, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Court blocks sealing of preference defendants’ financial records
    2011-05-06

    Reprinted with permission from the May 6, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last 12 months there has been a substantial increase in the number of preference recovery actions filed. The irony created by the current economic environment is that many such defendants are themselves financially distressed and unable to fully satisfy any judgment that might be rendered against them.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Fiduciary, Discovery, Defamation, US Code, Title 11 of the US Code, The Legal Intelligencer, United States bankruptcy court, Trustee
    Authors:
    Francis J. Lawall , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    Fifth Circuit Affirms Bank’s Perfected Delaware UCC Lien Has Priority Over Texas Oil Producers’ Statutory Lien on Proceeds
    2021-06-17

    The Uniform Commercial Code was established to provide predictability and conformity in commercial transactions. Certain states have adopted nonstandard UCC provisions, which create an unreliable and unpredictable market for secured creditors. In addition, statutory liens, which are liens arising under federal and state statute, may disrupt the priority of secured creditors’ interest in a debtor’s assets. In re First River Energy, L.L.C. (986 F.3d 914, 917 (5th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    NCUA Temporarily Modifies Regulatory Requirements Due to COVID-19 Pandemic
    2020-04-23

    Pursuant to the Federal Credit Union Act, the National Credit Union Administration issued a temporary final rule on April 21, easing regulatory requirements to assist federal credit unions (“FCUs”) and federally insured credit unions (“FICUs”) during the coronavirus (“COVID-19”) pandemic. The rule makes the following key changes that will be effective through December 31, 2020:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Coronavirus
    Location:
    USA
    Firm:
    Troutman Pepper
    Sixth Circuit Holds that Bankruptcy Courts Must Permit FERC Participation in Bankruptcy Proceedings Considering Rejection of FERC-Jurisdictional Contracts
    2019-12-19

    On December 12, 2019, the United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) issued an opinion affirming in part and reversing in part a bankruptcy court’s assertion of exclusive and unlimited jurisdiction over certain of FirstEnergy Solutions’ (“FES”) power purchase agreements that FERC had previously approved under the Federal Power Act (“FPA”) and that FES sought to reject in bankruptcy.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, FERC, U.S. Court of Appeals
    Authors:
    Adrienne L. Thompson
    Location:
    USA
    Firm:
    Troutman Pepper
    Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports, Relying on Spokeo v. Robins
    2019-04-09

    Last week, a Ninth Circuit panel held that plaintiffs in five related cases lacked standing to pursue their FCRA claims. Specifically, the Ninth Circuit held that the allegation that a credit report contained misleading information, absent any indication that a consumer tried to engage in or was imminently planning to engage in any transactions for which the alleged misstatements in the credit reports made or would make any material difference, does not constitute a concrete injury.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Standing (law), Fair Credit Reporting Act 1970 (USA)
    Authors:
    Jessica Lohr , David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper

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