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    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
    Firepower: Guidance on Whether Commissions Owed to Salespersons Are Held in Trust by a Business and Outside of Insolvency
    2019-11-19

    In Firepower Debt GP Inc. v.

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Litigation, Real Estate, McCarthy Tétrault LLP
    Authors:
    Trevor A Courtis
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    CCAA Debtor in Possession Financing without “Adequate Protection”
    2016-01-12

    There are a number of similarities between restructuring legislation in Canada and the United States.  Each of Canada and the United States have adopted a form of the UNCITRAL Model Law Cross-Border Insolvency in order to facilitate cooperation and efficient administration of cases with an international component.  In Canada this has occurred through implementation of both Part XIII of the 

    Filed under:
    Canada, USA, Insolvency & Restructuring, McCarthy Tétrault LLP, Debtor, Debtor in possession
    Authors:
    Walker W. MacLeod
    Location:
    Canada, USA
    Firm:
    McCarthy Tétrault LLP
    Rule of law may be newest victim of the credit crisis
    2008-11-13

    There has been no shortage of victims in this financial crisis. Pensions and retirement savings have been severely reduced, jobs have been lost and once powerful financial institutions have failed. But, there is, perhaps, another victim that has largely gone unnoticed: the rule of law.

    In his Evil Empire speech before the British House of Commons in June 1982, President Ronald Reagan refocused American political values on the rule of law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, McCarthy Tétrault LLP, Bankruptcy, Shareholder, Unsecured debt, Debt, Stakeholder (corporate), US Federal Government, Lehman Brothers, Citibank
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP
    Do you have to sell to an insolvent purchaser?
    2008-06-30

    Given the state of the economy, it will not be a rare occurrence in the short term for a supplier to receive a request to sell and deliver further goods to a purchaser who has filed proceedings under the Companies Creditors Arrangement Act (CCAA) or Chapter 11 of the United States Bankruptcy Code — and who is already indebted for unpaid pre-filing sales.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Injunction, Debt, Supply chain, Precondition, Default (finance), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP

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