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    Death of Defendant During Pendency of a Foreclosure Action - Connecticut Appellate Case Update
    2016-06-14

    The Connecticut Appellate Court has weighed in on the topic of whether or not a lender foreclosing a mortgage in Connecticut must comply with the statutory process to make the administrator of the decedent a party to the action to ensure a proper judgment of foreclosure enter…sort of.

    Filed under:
    USA, Connecticut, Banking, Insolvency & Restructuring, Litigation, Murtha Cullina LLP, Foreclosure
    Authors:
    Andrew P. Barsom
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    Barred by Res Judicata & Judicially Estopped - Court Finds That Netflix Has No Chill
    2016-06-15

    By now (unless you’ve been living under a rock), we’re all familiar with the expression, “Netflix and chill.” It’s everywhere. Flooding your Instagram feed with duplicitous memes. Halloween costumes. Really, really bad pick-up lines. Like the many trite colloquialisms that have come before it, Netflix and chill’s ubiquity has begun to wane with overuse and time.

    Filed under:
    USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Res judicata and issue estoppel, Netflix, Supreme Court of the United States
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust
    2016-06-15

    (U.S. Sup. Ct. June 13, 2016)

    The Supreme Court holds that Puerto Rico is a “State” for purposes of Chapter 9’s pre-emption provision, despite the Code’s definition of “State” excluding Puerto Rico for purposes of defining who may be a debtor under Chapter 9. Thus, Puerto Rico cannot authorize its municipalities to seek relief under Chapter 9 nor enact its own municipal bankruptcy laws. The district court properly enjoined enforcement of the laws enacted by Puerto Rico in 2014, which enabled its public utilities to modify their debts. Opinion below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Sobczak-Slomczewski
    2016-06-15

    (7th Cir. June 13, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Proposed U.S. Federal Reserve Board Rule’s Impact on Buy-Side Remedies in QFCs with Global Systemically Important Banking Organizations and their Affiliates
    2016-06-15

    The Board of Governors of the U.S. Federal Reserve System (Board) recently proposed a rule (Proposed Rule) that will impact parties to any "qualified financial contract" (QFC), as described below, with a global systemically important banking organization (GSIB) or a GSIB affiliate (together, a covered entity). The Proposed Rule will eliminate certain contractual rights with respect to the QFC when:

    the covered entity counterparty is placed in a Federal Deposit Insurance Corporation (FDIC) receivership; or

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Federal Reserve Board, Bank holding company, Investment company, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Dechert LLP
    Fla. App. Court (5th DCA) Holds Borrower’s Surrender in Bankruptcy Resolves Contested Foreclosure
    2016-06-13

    As an example of the conflicting and contrasting court rulings on the effect of surrender in bankruptcy (see our prior update), the District Court of Appeal of the State of Florida, Fifth District, recently dismissed a borrower’s appeal from a final judgment of foreclosure because the borrower admitted during the course of his bankruptcy proceeding that he owed the mortgage debt and stated his intention to surrender the mortgage

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Debtor, Debt, Mortgage loan, Foreclosure, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    SD Fla. Bankr. Rejects Mortgagee’s Attempt to Use Borrower’s Surrender in BK to Resolve Contested Foreclosure
    2016-06-13

    The U.S. Bankruptcy Court for the Southern District of Florida recently denied a creditor’s motion to compel the debtor to surrender mortgaged property and also denied the debtor’s motion to stay the case, holding that a chapter 7 debtor who indicates surrender of real property in his statement of intention is not obligated to surrender that property to the lienholder, whether or not the property is administered by the chapter 7 trustee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Bankruptcy, Debtor, Foreclosure, Motion to compel, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Another Trump Victory (Sort Of)
    2016-06-13

    Trump wins again!  But the winner is Trump Entertainment Resorts, Inc. and not the presumptive Republican presidential nominee, Donald Trump.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Antoine Adeline , Stéphanie Faber
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Diamondhead Casino Bankruptcy - Motion to dismiss involuntary petition - Granted
    2016-06-13

    On June 7, 2016, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on a motion to dismiss Diamondhead’s involuntary bankruptcy petition. The Creditors who filed the bankruptcy admitted to the Court that their intent in filing for bankruptcy was to remove management and to obtain a recovery for their equity investments. The “Opinion” is available here. This is the second recent opinion issued in this case.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    All That Glitters: Golden Share Can’t Dismiss Bankruptcy
    2016-06-13

    In In re Intervention Energy Holdings, LLC, the question before the United States Bankruptcy Court for the District of Delaware was whether an investor who “bought and paid for [one] Common Unit (including all rights related thereto),”

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Shareholder, Debtor, Fiduciary, Limited liability company, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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