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    Federal Appeals Court Rules That Bankrupt Debtors’ Choice to "Surrender" Real Property Waives Their Right to Contest Foreclosure
    2016-10-28

    Under Section 521(a)(2)(A) of the federal bankruptcy code, a debtor in a chapter 7 bankruptcy must file a statement within 30 days of the bankruptcy filing notifying the court, creditors and the trustee whether the debtor intends to retain or surrender property encumbered by a mortgage.  In its October, 2016 decision in the case of In re Failla, the 11th Circuit Court of Appeals, in affirming rulings from the bankruptcy court and the federal district court, held that once a chapter 7 debtor elects to "surrender" mortgaged property, he is precluded from thereafter opposing

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Shumaker Loop & Kendrick, United States bankruptcy court
    Authors:
    Mark D. Hildreth
    Location:
    USA
    Firm:
    Shumaker Loop & Kendrick
    Holley v. Corcoran (In re Holley)
    2016-10-31

    (6th Cir. Oct. 25, 2016)

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Receivership as a Legal Remedy: Breaking down receivership; advantages and impact of enacting receivership.
    2016-10-31

    What is a receivership?

    Receivership is a legal term that usually connotes something is amiss, but most everyday people rarely come across it directly and typically don’t need to know what a receiver really is and what a receiver does. But, as the recent Hanjin situation demonstrated, receivership can directly impact multiple stages of the shipping, hauling, transport, distribution and warehousing of commercial goods at multiple levels.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Buchalter
    Authors:
    Richard P. Ormond
    Location:
    USA
    Firm:
    Buchalter
    Interest payments do not qualify as protected settlement payments under Section 546(e)
    2016-10-31

    In the decision of Motors Liquidation Co. Avoidance Action Trust v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.), 552 B.R. 253 (Bankr. S.D.N.Y. 2016), the SDNY bankruptcy court held that prepetition interest payments on a term loan did not qualify as “settlement payments” under Section 546(e) of the Bankruptcy Code.

    Filed under:
    USA, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Security (finance), Safe harbor (law), Interest, Unsecured creditor, JPMorgan Chase, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    In re Lockhart
    2016-10-31

    (Bankr. W.D. Ky. Oct. 28, 2016)

    The bankruptcy court enters an order holding in abeyance the motion to dismiss the Chapter 13 case. The court also denies confirmation of the proposed plan but holds the case open for further filings. The required maintenance payment could not be satisfied by the monthly payments in the proposed plan. Opinion below.

    Judge: Lloyd

    Attorneys for Debtor: Naber & Joyner, J. Gregory Joyner

    Attorney for Creditor: Joseph S. Elder II

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Claims objections overruled in Seegrid bankruptcy
    2016-10-31

    On October 27, 2016, Chief Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion overruling objections to the claims of Seegrid’s former CEO. A copy of the Opinion is available here.

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Excuse me, but I believe I was first in line! Severance Claims as a Matter of Priority.
    2016-11-01

    Among other strategic considerations a financially troubled company must grapple with as it prepares for a potential bankruptcy filing is how best to effectively implement necessary workforce reductions as part of its overall reorganization efforts. A workforce reduction could potentially give rise to severance and other employee obligations, and, under certain circumstances, could also give rise to significant WARN Act claims.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Best Offense is a Good Defense: While the Eighth Circuit’s Decision in In re Opportunity Fund LLC Highlights Consequences and Potential Pitfalls of Substantive Consolidation, the Bankruptcy Court Ultimately Dismisses Fraudulent Transfer Claims against the Lenders
    2016-11-01

    In our previous two news alerts,1 we examined decisions that potentially undermine key elements of the legal structures that lenders created in response to their experiences in the United States Bankruptcy Courts during the real estate downturn of 1988 through 1992, including the involuntary restructure of their indebtedness and liens under the cram-down provisions of title 11 of the United States Code (the “Bankruptcy Codeâ€).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Second Circuit Affirms Denial of Arbitration in Bankruptcy Priority Fight
    2016-11-02

    “[T]he bankruptcy court did not abuse its discretion in denying [the debtor’s former employees’] motion to compel arbitration” when the dispute turned on the relative priority of their claims, held the U.S. Court of Appeals for the Second Circuit on Oct. 6, 2016. In re Lehman Bros. Holdings Inc., 2016 WL 5853265, *2 (2d Cir. Oct. 6, 2016). The Securities Investor Protection Act (“SIPA”) trustee in the liquidation of Lehman Brothers Inc.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Purchasers of NJ Tax Sale Certificates - What You Include in Your Proof of Claim Can Cause a Loss of Your Claim and Lien
    2016-11-02

    In Princeton Office Park, the U.S. Court of Appeals for the Third Circuit affirmed the bankruptcy and district court rulings that the purchaser of a NJ tax sale certificate forfeited its claim and lien because it included the premium it paid to the State when it purchased the tax certificate.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Real Estate, Tax, Dechert LLP
    Location:
    USA
    Firm:
    Dechert LLP

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