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    Bankruptcy Court finds debtor entitled to a "free house" because mortgage foreclosure complaint barred by New Jersey statute of limitations
    2014-12-16

    Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Statute of limitations, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Jarret P. Hitchings
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy dollar amount and form changes that may affect you
    2013-04-09

    Adjustments to certain dollar amounts in the Bankruptcy Code may affect your decision and strategy to either file a bankruptcy or in defending certain actions filed against you or your company. The automatic adjustments to the dollar amounts in various provisions of the Bankruptcy Code, 11 U.S.C. 101 et seq. went into effect on April 1, 2013. You may access the official forms by clicking the following link to the United States Courts:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Liquidation
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Title insurance companies eliminate creditors' rights coverage for real estate buyers and lenders
    2010-02-11

    Recently, various national title insurance companies, such as First American Title Insurance Company and the entire Fidelity National Title Group—which includes Chicago Title Insurance Company, Fidelity National Title, Ticor Title, Lawyers Title, Commonwealth Land Title, Security Union Title and Alamo Title—officially announced that, effective immediately, creditors' rights coverage will no longer be available by endorsement, affirmative coverage, issuance of the American Land Title Association (ALTA) 1970 policies or otherwise. This change affects both owner's and loan policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Real Estate, Duane Morris LLP, Public company, Debtor, Fraud, Due diligence, Market value
    Location:
    USA
    Firm:
    Duane Morris LLP
    Rocket Confirmations Gain Traction
    2021-03-09

    Early evening on February 23, 2021, Belk Inc. and its affiliates (collectively, “Belk”) filed their Chapter 11 bankruptcy petitions in the Bankruptcy Court for the Southern District of Texas. Less than seventeen hours later, Judge Marvin Isgur confirmed Belk’s pre-packed plan of reorganization. Belk is not the first Chapter 11 bankruptcy case to accomplish plan confirmation within the first twenty-four hours after filing a petition, and it certainly won’t be the last. In 2019, Sungard Availability Services Capital, Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Coronavirus, United States bankruptcy court
    Authors:
    Rick Hyman
    Location:
    USA
    Firm:
    Duane Morris LLP
    New York Adopts the Uniform Voidable Transactions Act
    2020-01-29

    On April 4, 2020, the State of New York will join ranks with the vast majority of other states implementing a version of the Uniform Voidable Transactions Act (the “UVTA”). Only Maryland continues to apply the Uniform Fraudulent Conveyance Act (the “UFCA”), a law with its origins as early as 1918. A handful of other states that did not adopt the UFCA instead retain their varied, state-specific transfer laws. The uniform legislation was first promulgated in 1984 as an amendment to the UFCA, referred to as the Uniform Fraudulent Transfer Act (“UFTA”).

    Filed under:
    USA, New York, Insolvency & Restructuring, White Collar Crime, Duane Morris LLP, Debtor, Title 11 of the US Code
    Authors:
    Frederick D. (Rick) Hyman
    Location:
    USA
    Firm:
    Duane Morris LLP
    Filing Stale Proof of Claim in Bankruptcy Does Not Violate the Fair Debt Collection Practices Act
    2017-05-19

    This decision is significant to debt collectors and debt buyers who, according to the dissent, “have ‘deluge[d]’ the bankruptcy courts with claims ‘on debts deemed unenforceable under state statutes of limitations.’”

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Fair Debt Collection Practices Act 1977 (USA)
    Location:
    USA
    Firm:
    Duane Morris LLP
    Sinbad’s Dine and Dash
    2016-03-21

    Today, Sinbad’s restaurant looks like a shipwreck next to San Francisco’s Ferry Building. A demolition crew is on site and Sinbad’s is in bankruptcy court. The classic restaurant-bar recently lost a series of legal battles that ultimately shut it down after 40 years of continuous operation.

    Filed under:
    USA, Insolvency & Restructuring, Duane Morris LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    New Jersey bankruptcy court upholds trademark licensees' rights to use trademark despite licensor's bankruptcy
    2014-11-26

    In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Duane Morris LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Superstorm Hurricane Sandy's impact upon business & retailers - bankruptcy and alternatives
    2013-03-05

    In the wake of Hurricane Sandy many businesses have been negatively impacted financially throughout regions from Connecticut, New York, New Jersey, Pennsylvania and Delaware.  Hardest hit are businesses located not only along the New Jersey, Staten Island and  Long Island  NY  coasts but in areas  that  have never experienced such a devastating disaster.  Areas  such as  Hoboken NJ,lower Manhattan and the NYC  East Side.  Even  businesses  located in inland  communit

    Filed under:
    USA, Connecticut, Delaware, New Jersey, New York, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Retail
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Pennsylvania Supreme Court recognizes an "ordinary course of business" exception to preference actions brought by liquidator of reliance insurance company
    2009-03-02

    On February 23, 2009, Pennsylvania became the second state to recognize an "ordinary course of business" exception to preference actions brought under a state insolvency statute where the defense is not expressly provided for in the statute. In Joel S. Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, in His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. H.J. Heinz Company, H.J. Heinz Company, L.P., H.J. Heinz Finance Company, and Portion Pac, Inc., et al., Appellees, No. 21 MAP 2006 (Pa. Feb.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Bankruptcy, Debt, Liquidation, Liquidator (law)
    Location:
    USA
    Firm:
    Duane Morris LLP

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