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    Safety and Soundness and the Bankruptcy Code: Does a Bank Commit a Safety and Soundness Violation by Failing to Comply with the Bankruptcy Rules?
    2017-04-26

    It is fair to say that not many, if any, banks have internal controls or policies and procedures to identify and mitigate deficiencies in the bankruptcy practices of banks. Indeed, banks typically rely on their Legal Department or external counsel to make sure banks protect their interests when bank customers file bankruptcy. While the Compliance Department and the Risk Management Department track compliance and risks related to numerous laws, rules and regulations, the Bankruptcy Code and its rules are typically not among those laws and rules.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, Mortgage loan, Foreclosure, Internal control, Consumer Financial Protection Bureau (USA), Office of the Comptroller of the Currency (USA)
    Authors:
    Jerome Walker
    Location:
    USA
    Firm:
    Duane Morris LLP
    Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status
    2017-04-26

    Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our original post is here. On March 27, 2017, the Supreme Court granted review of Village at Lakeridge, but only as to one question presented, the most boring one in our view.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Supreme Court of the United States, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Court of Appeals Dismisses Appeal for Lack of Jurisdiction
    2017-04-26

    On April 20, the U.S. Court of Appeals for the Second Circuit issued a unanimous ruling that may terminate much of the litigation triggered by the bankruptcy of Tronox Inc. The Court of Appeals dismissed the appeal for lack of jurisdiction. The case is In re Tronox Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Second Circuit, United States bankruptcy court
    Authors:
    Anthony B. Cavender
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Second Circuit Lacks Jurisdiction to Review District Judge’s Enforcement of a Bankruptcy Settlement Against Pennsylvania Toxic Tort Plaintiffs
    2017-04-26

    In a unanimous decision of a three judge panel last week, the Second Circuit decided that it lacked jurisdiction to overturn a S.D.N.Y. judge’s order enforcing the terms of the Tronox bankruptcy settlement against a group of more than 4,000 Pennsylvania state court plaintiffs. Tronox, Inc. v. Kerr-McGee Corp., No. 16-343, 2017 U.S. App. LEXIS 6949 (2d Cir. Apr.

    Filed under:
    USA, New York, Pennsylvania, Insolvency & Restructuring, Litigation, Manko Gold Katcher & Fox, Bankruptcy, Second Circuit, US District Court for the Southern District of New York
    Authors:
    Garrett D. Trego
    Location:
    USA
    Firm:
    Manko Gold Katcher & Fox
    Early Dismissal Strategies When Dealing With a Dishonest Plaintiff
    2017-04-19

    Dishonest plaintiffs can make it difficult, and in some cases impossible, to successfully move for summary judgment. Indeed, a dishonest plaintiff who understands the legal landscape can easily defeat summary judgment by claiming that there exists “direct evidence” of discrimination in the form of an admission by management that the challenged employment action was motivated by discriminatory animus (e.g., “my supervisor told me he was firing me because of my age”).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    William (Bill) J. Wortel
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Recent trends in enforcement of intercreditor agreements and agreements among lenders in bankruptcy
    2017-04-20

    Over the last several decades, the enforcement of intercreditor agreements ("ICAs") that purport to affect voting rights and the rights to receive payments of cash or other property in respect of secured claims have played an increasingly prominent role in bankruptcy cases. Although the Bankruptcy Code provides that "subordination agreement[s]" are enforceable in bankruptcy to the same extent such agreements are enforceable under applicable nonbankruptcy law, the handling of creditor disputes regarding such agreements has been inconsistent.i

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Seth E. Jacobson , Ron E. Meisler , Carl T. Tullson
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    9th Cir. Holds Mortgagee’s ‘Sold Out Second’ Claim Not Barred by California’s 4-Year Statute of Limitations
    2017-04-20

    The U.S. Court of Appeals for the Ninth Circuit recently reversed a ruling that disallowed an unsecured creditor’s claim filed in a California bankruptcy court based on the forum state’s statute of limitations.

    In so ruling, the Ninth Circuit held that, although courts typically apply the forum state’s statute of limitations if the contract is silent on the issue, exceptional circumstances warranted the application of a longer statute of limitations here, because the creditor had no option but to enforce its claim in the forum based on where the bankruptcy petition was filed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Unsecured debt, Statute of limitations, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    In re Wright
    2017-04-20

    (6th Cir. B.A.P. April 17, 2017)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    First Circuit Ruling Highlights Difference Between PROMESA Stay and Automatic Stay in Bankruptcy
    2017-04-13

    An important aspect of the Puerto Rico Oversight, Management, and Economic Stability Act, 48 U.S.C. §§ 2101–2241 ("PROMESA")—the temporary stay of creditor collection efforts that came into effect upon its enactment—was the subject of a ruling handed down by the U.S. Court of Appeals for the First Circuit. In Peaje Investments LLC v. García-Padilla, 845 F.3d 505 (1st Cir. 2017), the First Circuit affirmed in part and vacated in part a lower court order denying two motions for relief from the PROMESA stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, First Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Delaware Bankruptcy Court Rules That Bond Indenture Fee Defense Provision Satisfies
    2017-04-13

    ASARCO Standard

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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