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    Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
    2016-08-18

    In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors. Recently, the U.S. District Court for the Northern District of Illinois, in Colfin Bulls Funding A v. Paloian (In re Dvorkin Holdings), 547 B.R. 880 (N.D. Ill.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Discovery, Default (finance), US Congress, The Legal Intelligencer, United States bankruptcy court, US District Court for Northern District of Illinois
    Authors:
    Rudolph J. Di Massa, Jr. , Lawrence J. Kotler , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    U.S. Supreme Court addresses authority of federal bankruptcy courts to enter final orders and judgments
    2015-05-27

    The world may end in fire and ice but, at least for now, it will not end in the bankruptcy court.[1]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, United States bankruptcy court
    Authors:
    William C. Heuer
    Location:
    USA
    Firm:
    Duane Morris LLP
    Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors
    2013-12-17

     

     

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    Protecting personal information in Borders bankruptcy proceeding
    2011-09-27

    Borders has long collected personal information from customers and promised that such information would not be disclosed without consent. In light of that and Borders' current bankruptcy proceedings, the FTC has sent a letter to the consumer privacy ombudsman overseeing the Borders bankruptcy that seeks the protection of customer personal information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Duane Morris LLP, Bankruptcy, Information privacy, Retail, Interest, Personally identifiable information, Consent, Federal Trade Commission (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    First CIRC.: no 'reasonably equivalent value' in exchange for tuition payments
    2020-05-21

    In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives “reasonably equivalent value” in exchange for paying his adult child’s college tuition. The Palladino court answered this question in the negative, thereby contributing to the growing circuit split regarding the avoidability of debtors’ college tuition payments for their adult children as constructively fraudulent transfers.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, US Securities and Exchange Commission, United States bankruptcy court, First Circuit, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Elisa Hyder
    Location:
    USA
    Firm:
    Duane Morris LLP
    For Creditors, Written Representation Is The Best Evidence
    2018-06-28

    On June 4, 2018, the U.S. Supreme Court issued its opinion in Lamar Archer & Cofrin LLP v. Appling,[1] resolving a circuit split on the issue of whether a debtor’s statement about a single asset constitutes “a statement respecting the debtor’s financial condition” for the purposes of 11 U.S.C. § 523(a)(2).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Duane Morris LLP, SCOTUS
    Authors:
    Rudolph J. Di Massa, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    A Tale of Two States: Puerto Rico and Chapter 9
    2016-06-30

    Puerto Rico is in the midst of a ­financial crisis. Over the past few years, its public debt skyrocketed while its government revenue sharply declined. In order to address its economic problems and to avoid mass public-worker layoffs and cuts in public services, the unincorporated U.S. territory issued billions of dollars in face value of municipal bonds. These bonds were readily saleable to investors in the United States due to their tax-exempt status and comparatively high yields.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Duane Morris LLP, Bond (finance), Federal preemption, Tax exemption, Bankruptcy, Debtor, Debt, Investment funds, Municipal bond, US Congress, The Legal Intelligencer, SCOTUS, First Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    Puerto Rico, USA
    Firm:
    Duane Morris LLP
    Tweet all about it: U.S. Bankruptcy Court rules business social media accounts are property of debtor LLC's bankruptcy estate, not individual LLC members
    2015-04-22

    In a case of first impression in Texas, the United States Bankruptcy Court for the Southern District of Texas held that the former majority member of a chapter 11 LLC debtor had to relinquish control of the LLC's Facebook page and Twitter account because they were property of the LLC's bankruptcy estate. In re CTLI, LLC, Case No. 14-33564, 2015 WL 1588085 (Bankr. S.D. Tex. April 3, 2015). CTLI, LLC was a Texas gun store and shooting range doing business as Tactical Firearms.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Internet & Social Media, Litigation, Duane Morris LLP, Debtor, Limited liability company, United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    FACT Act promises transparency in bankruptcy trust claims and payments for asbestos exposure
    2013-11-18

    Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act by a 221-199 vote. FACT would amend the U.S. Bankruptcy Code to require trusts formed under a bankruptcy reorganization plan and charged with paying claims connected to asbestos exposure to disclose all demands made by claimants and the basis of any payments made to claimants.

    Filed under:
    USA, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy
    Location:
    USA
    Firm:
    Duane Morris LLP
    Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities
    2011-08-03

    Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.1

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Security (finance), Fraud, Market liquidity, Limited liability company, Misrepresentation, Due diligence, Broker-dealer, Underwriting, Securities fraud, US Securities and Exchange Commission, Second Circuit, Sixth Circuit, Circuit court
    Location:
    USA
    Firm:
    Duane Morris LLP

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