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    Crossing the “The”: The Importance of Careful Drafting for Recorded Mortgages
    2022-07-11

    The Bankruptcy Protector

    In Enter. Bank v. The Ingros Fam. LLC, et al., 2022 WL 2283392 (Bankr. W.D. Pa. June 23, 2022), a lender faced a potentially costly decision when it mistakenly left the word “The” from a borrower’s name.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy 101: The “Estate” and “Property of the Estate”
    2022-03-14

    This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will explain the concepts of the bankruptcy “estate” and “property of the estate” and the importance thereof.

    Filed under:
    USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Nelson Mullins Bankruptcy Team Guides Hospice Reorganization With Litigation Victory
    2021-11-15

    The Bankruptcy Protector

    In the aftermath of 2017’s Hurricane Irma, wide swaths of Florida lost power. At The Rehabilitation Center at Hollywood Hills, 12 elderly patients succumbed to the heat when the skilled nursing facility’s air conditioning system failed following the electrical outage. In response, Florida’s legislature passed a law requiring all nursing homes and assisted living facilities to have backup generators capable of maintaining cool temperatures.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Nicolette Corso Vilmos , Frank P. Terzo
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Barton Doctrine After Dismissal: Protection Denied
    2020-11-02

    The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine following the dismissal of a bankruptcy case and thus the jurisdiction of that court. In Tufts v. Hay, No. 19-11496 --- F.3d ----, 2020 WL 6144563 (11th Cir. Oct. 20, 2020), the court considered where a litigant may bring suit against counsel appointed by a bankruptcy court after the bankruptcy case was dismissed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Eleventh Circuit, U.S. Court of Appeals
    Authors:
    Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Buyer Beware: Anti-Assignment Clause in Promissory Note Bars Claim Purchaser from Collecting in Bankruptcy
    2019-09-30

    In In re Woodbridge Grp. of Companies, LLC, No. BR 17-12560-BLS, 2019 WL 4305444 (D. Del. Sept. 11, 2019), the United States District Court for the District of Delaware affirmed an opinion by Bankruptcy Judge Kevin Carey, and held that a proof of claim will be expunged if the note and loan agreement underlying the claim prohibit assignment and provide that assignment without consent will be “null and void.”

    Facts

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, Title 11 of the US Code
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Local Bankruptcy Rules Cannot Add Additional Chapter 13 Confirmation Requirements
    2019-01-02

    Bankruptcy Judges cannot impose additional local chapter 13 confirmation requirements beyond those created by Congress, according to the Southern District of Illinois (the “District Court”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court
    Authors:
    Graham Mitchell
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Auto Dealership Bankruptcy - Three Important Considerations for Manufacturers
    2017-11-20

    When a dealership files for bankruptcy, a manufacturer will be faced with critical decisions regarding the proposed restructuring and the treatment of its dealer agreement. The bankruptcy code provides debtors with certain rights in order to maximize the recovery for creditors. Manufacturers must be cognizant of these rights in any dealer bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    H. Jason Gold , Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Ruling interprets Bankruptcy Code provision to allow debtors to evade credit bid rights of secured creditors
    2010-03-24

    On March 22, 2010, a three judge panel of the United States Court of Appeals for the Third Circuit issued a highly anticipated decision in the matter of In re Philadelphia Newspapers LLC, 2010 WL 1006647, (3rd Cir. Case No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Limited liability company, Secured creditor, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit
    Authors:
    Peter J. Haley
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor
    2022-06-27

    The Bankruptcy Protector

    In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5 million) could reorganize. These provisions, known as Subchapter V eliminated certain requirements for confirmation of a reorganization plan and include other changes to make small business reorganization quicker and less expensive.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, US Congress, Fourth Circuit
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Lender Liability is Not a Thing of the Past: Texas Bankruptcy Court Slams Lender with $17 Million in Damages for Exercising Improper Control Over Borrower
    2022-03-07

    The Bankruptcy Protector

    In recent years it seems that a common misconception among lenders and their counsel has been taking shape. Namely, that lender liability is no longer a viable cause of action in today’s financial services and judicial landscapes. Those who subscribe to this view, however, should pay careful attention to a recent decision demonstrating that lenders still can be held liable and face substantial damages if they exercise excessive control over a borrower’s business affairs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Due diligence
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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