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    Death: the ultimate hardship discharge?
    2015-04-08

    Trying to discharge your personal debts?  Well, here is a new method: in 

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
    2015-04-08

    Brandywine Townhouses, Inc. v. Fed. Nat’l Mortgage Ass’n (In re Brandywine Townhouses, Inc.), 518 B.R. 671 (Bankr. N.D. Ga. 2014) –

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Debtor, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    Recent decision may assist challenges to alleged fraudulent transfers
    2015-04-08

    A recent decision by the Bankruptcy Court for the Southern District of New York may enhance the ability of bankruptcy trustees and creditors committees to challenge allegedly fraudulent transfers that could qualify for protection under the “safe harbor” of section 546(e) of the Bankruptcy Code. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cooley LLP, Bankruptcy, Fraud, Unjust enrichment, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    341 Meeting: what if I can’t find my Social Security card?
    2015-04-09

    What if I Forget to Bring My Social Security Card?

    If you were to happen to forget to bring your Social Security card to your 341 Meeting of Creditors and I am your attorney, my head will spin around exorcist style and fire will come out of my mouth.  Just kidding, maybe.  Honestly, if you were to forget your Social Security card or misplace it prior to the meeting (both have happened to my clients, multiple times) it is not the end of the world…or your bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, DelCotto Law Group PLLC, Social Security number
    Authors:
    Clair Edwards
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Delaware bankruptcy court follows Momentive and denies noteholders’ make-whole claims
    2015-04-09

    The bankruptcy case of Energy Future Holdings (EFH) and its affiliates has already provided the Delaware bankruptcy court occasion to tackle a number of important bankruptcy questions, including the propriety of using tender offers to settle noteholder claims during the pendency of the case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, ArentFox Schiff, Maturity (finance), United States bankruptcy court
    Authors:
    Andrew I. Silfen , Mark B. Joachim , Manuel G. Arreaza
    Location:
    USA
    Firm:
    ArentFox Schiff
    Weil’s march madness: the 2015 champion is …
    2015-04-10

    “…to be my student, you must develop a taste for victory.”

     Pai Mei, Kill Bill

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Corporate governance in chapter 11 – business as usual, with possible exceptions
    2015-04-11

    Under the Bankruptcy Code, a debtor in possession operates its business “as usual” during the pendency of a case. Likewise, in most cases, prepetition corporate governance practices and procedures should continue post-petition. In fact, as Judge Sontchi recently held in In re SS Body Armor I, Inc., Case No. 10-1125(CSS) (Bankr. D. Del. April 1, 2015), the right of a shareholder to compel a shareholders’ meeting for the purpose of electing a new board of directors continues during bankruptcy.  Absent “clear abuse,” the automatic stay of 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Corporate governance, Debtor in possession
    Authors:
    Michael R. Lastowski
    Location:
    USA
    Firm:
    Duane Morris LLP
    Entry of punitive damages for car dealership reversed; developers notes considered senior debt
    2015-04-11

    This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car dealership because the defendant’s delay in answering complaint was not unreasonable when defendants tendered complaint to attorney when served; and (b) an Eleventh Circuit decision regarding the classification of promissory notes from an involvement developer as senior debt in a bankruptcy.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Sirote & Permutt PC, Punitive damages, Default judgment, Prejudice
    Authors:
    J. Winston Busby
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Nonprofit governance and fiduciary duties: court holds directors personally liable for mismanagement
    2015-04-07

    A recent court ruling highlights the need for robust governance practices for nonprofits, particularly those facing financial difficulties.  The Third Circuit Court of Appeals affirmed a jury’s award of $2.25 million in compensatory damages against former directors and officers of a bankrupt nonprofit corporation - personal liability for breach of fiduciary duties and “deepening insolvency.”1  The court also affirmed punitive damages against the officer defendants, but vacated the award of punitive damages against the director defendants.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Seyfarth Shaw LLP, Punitive damages, Fiduciary
    Authors:
    Ofer Lion , Douglas M. Mancino , Christian Canas
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    General Assembly considers municipal/local government bankruptcy legislation
    2015-04-07

    Illinois legislators are considering a bill that would amend the Illinois Municipal Code to allow municipalities and other local government entities to file for bankruptcy. Representative Ron Sandack (R-Downers Grove) has called it a “measure of last resort” for municipalities with increasing debts, including police and firefighter pension obligations. Governor Rauner has indicated previously that he supports the concept, and local leaders are evaluating the need for such protection in light of dire fiscal projections. 

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Public, Franczek Radelet PC, Bankruptcy, Illinois General Assembly
    Authors:
    Patrick M. DePoy , Jennifer A. Dunn
    Location:
    USA
    Firm:
    Franczek Radelet PC

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