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    Secured creditors beware
    2017-06-07

    A series of cases decided by the federal district court in Chicago holds that a properly perfected secured creditor can waive its right of priority in collateral in favor of a judgment lien creditor if it fails to properly act against its collateral following a borrower’s default.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Coburn LLP, Collateral (finance), Secured creditor
    Authors:
    Francis X. Buckley, Jr
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Michigan Enacts the New Uniform Voidable Transactions Act
    2017-06-08

    On July 16, 2014, the Uniform Law Commission (the “Commission”) approved a series of changes to the Uniform Fraudulent Transfer Act (the “UFTA”). The UFTA had previously been adopted by most states in the country, including Michigan. The Commission’s amendments included changing the name of the law from the UFTA to the Uniform Voidable Transactions Act (the “UVTA”).

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, White Collar Crime, Foster Swift Collins & Smith PC, Title 11 of the US Code, Uniform Commercial Code (USA)
    Authors:
    Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy
    2017-06-08

    TRANSACTIONAL

    LITIGATION/CONTROVERSY

    June 8, 2017

    Bankruptcy Alert

    Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy

    By Isley M. Gostin, Craig Goldblatt and George W. Shuster, Jr.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Wilmer Cutler Pickering Hale and Dorr LLP, Bankruptcy, Fiduciary, Limited liability company, Limited partnership, Debtor in possession
    Location:
    USA
    Firm:
    Wilmer Cutler Pickering Hale and Dorr LLP
    Funds Talk: June 2017
    2017-06-01

    Funds Talk: June 2017

     

    Topics covered in this issue include:

    Filed under:
    USA, New York, Capital Markets, Derivatives, Employment & Labor, Insolvency & Restructuring, IT & Data Protection, Litigation, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP, Computer security, FINRA, Seventh Circuit
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    What De Blasio’s Land Use Agenda Means for Brooklyn Real Estate Development
    2017-06-01

    Even with all the development of the last 20 years, Brooklyn, the most populous of New York City’s five boroughs, now approaching 2.7 million residents, continues to attract strong interest from developers, each scouring the borough to see where value can be created. Development generates demand as new residents require new retail and amenity services and increasingly new office clusters for entrepreneurs freed from the Manhattan central business districts by technology and preferring to locate closer to where their employees live.

    Filed under:
    USA, New York, Insolvency & Restructuring, Real Estate, Cozen O'Connor, Affordable housing, Zoning
    Authors:
    Kenneth K. Fisher
    Location:
    USA
    Firm:
    Cozen O'Connor
    Florida Judge Issues Temporary Injunction to Halt Debt Relief Operation
    2017-06-02

    On May 25, at the request of the FTC and the State of Florida, a Southern District of Florida court issued a preliminary injunction order temporarily halting a debt relief operation that bilked millions of dollars from financially strapped consumers.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Media & Entertainment, Telecoms, Orrick, Herrington & Sutcliffe LLP, Telemarketing, Preliminary injunction, Debt relief, Federal Trade Commission (USA), US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    New Delaware Chapter 11 Filing - NNN 400 Capitol Center, LLC
    2017-06-05

    NNN 400 Capitol Center, LLC, a single asset real estate debtor, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware. According to the Petition, the Debtor estimates its assets and liabilities to both be between $10MM – $50MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Debtor, Limited liability company, Liability (financial accounting), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Assignments of Rent - - A Dangerous Intersection of State and Federal Law
    2017-06-05

    A recent decision by the Sixth Circuit Court of Appeals may have muddied the question of the impact of collateral rent assignments on a debtor’s ability to re-organize under chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor, Leasehold estate, Foreclosure, Default (finance), United States bankruptcy court, Sixth Circuit
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    New Delaware Chapter 11 Filing - FirstRain, Inc.
    2017-06-05

    FirstRain, Inc., an enterprise software company headquartered in San Mateo, CA, has filed voluntary petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11249). FirstRain’s petition estimates both its assets and liabilities to be between $1 to $10 MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    Be Careful What You Ask For: The Unintended Consequences of Creditor Remedies in Bankruptcy Cases
    2017-06-05

    To anyone practicing bankruptcy law more than a month, the scenario of a lender secured by a lien against real property, as well as an assignment of rents (“AOR”) is pretty standard fare. Default on the debt occurs, threats (and counter threats) are tossed about, notices of foreclosure are filed (and perhaps receivership proceedings were begun), and the borrower files the inevitable bankruptcy proceeding where all is stayed to be dealt with under the watchful eye of the bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Stinson LLP
    Authors:
    Thomas J. Salerno , Paul M. Hoffmann
    Location:
    USA
    Firm:
    Stinson LLP

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