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    Lenders beware: secured party held accountable for mistaken release of financing statement securing $1.5 billion loan
    2015-02-02

    JPMorgan Chase & Co received a painful reminder recently that mistakes can be very costly after their appeal to the Second Circuit was remanded; the clerical mix-up could cost the company $1.5 billion.

    Section 9-509(d)(1) of the Uniform Commercial Code (UCC) provides that a UCC-3 termination statement is effective only if “the secured party of record authorizes the filing.”

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Dentons Bingham Greenebaum LLP, JPMorgan Chase
    Authors:
    Whitney Mosby
    Location:
    USA
    Firm:
    Dentons Bingham Greenebaum LLP
    The year in bankruptcy: 2014
    2015-02-03

    Compared to much of the rest of the world, the United States had the most positive economic, business, and financial news in 2014.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Economic development
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Top 10 bankruptcies of 2014
    2015-02-03

    The composition of the Top 10 List of public bankruptcy filings for 2014 indicates that the U.S. has largely left behind the fraud, excess, abuse, and improvidence that dominated the bankruptcy landscape during the 2007–08 financial crisis and the ensuing Great Recession. Continuing a trend that began in 2012, only a single representative from the banking and financial services industry made the cut.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Fracking, Bankruptcy, Electricity
    Location:
    USA
    Firm:
    Jones Day
    ABI Commission to study the reform of chapter 11 issues Final Report and Recommendations
    2015-02-03

    After nearly three years of study and 16 public field hearings, a commission established by the American Bankruptcy Institute (the “ABI Commission”) to study the reform of chapter 11 of the Bankruptcy Code issued its Final Report and Recommendations on December 8, 2014 (the “Report”). The ABI Commission comprises nearly 130 corporate restructuring authorities serving on 13 advisory committees.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Location:
    USA
    Firm:
    Jones Day
    ABI chapter 11 Reform Commission series: shallow harbors? An in-depth look at the proposed changes to the safe harbor provisions
    2015-01-29

    In section IV.E of its report and recommendations of reforms to chapter 11 of the Bankruptcy Code, the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 (the “Commission”) considered changes to the Bankruptcy Code’s “safe harbor” provisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Authors:
    Sunny Singh
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Deeds in lieu: merger doctrine does not apply where grantee is senior lienholder
    2015-01-30

    Introduction

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Deed, Default (finance)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Real estate cases: you may want to think twice before you file
    2015-01-30

    Branch Bank & Trust Co. v. Michael’s Enterprises of Virginia, Inc. (In re Michael’s Enterprises of Virginia, Inc.), 519 B.R. 916 (Bankr. E.D. Va. 2014)  –

    A mortgage lender sought sanctions against the debtor, its sole shareholder and its attorney.  It alleged that the bankruptcy petition was filed for an improper purpose.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Foreclosure
    Location:
    USA
    Firm:
    Troutman Pepper
    ABI chapter 11 Reform Commission: section 363 of the Bankruptcy Code (no more quick sales?)
    2015-01-31

    “Don’t care how; I want it now” – Veruca Salt, Willy Wonka and the Chocolate Factory

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent cases highlight potential pitfalls for distressed investors
    2015-01-27

    Despite lower-than-average Chapter 11 activity in 2014, the legal landscape for distressed investors has continued to evolve, with significant legal developments in credit bidding, make-whole premiums and intercreditor agreements. By staying apprised of the evolving jurisprudence in these areas, distressed investors can mitigate risks that have foiled lenders in recent cases.

    Credit Bidding

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Bankruptcy
    Authors:
    Ron E. Meisler , Ken Ziman , Christopher M. Dressel
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Significant ruling gives Chapter 11 debtors new leverage over secured creditors
    2015-01-27

    The Bankruptcy Code's so-called "cramdown" statute provides debtors with a significant tool that can be used to impose a reorganization plan upon recalcitrant secured lenders, subject to fulfillment of certain requirements. In particular, Section 1129(b) of the Bankruptcy Code allows a bankruptcy court to approve a debtor's reorganization plan over the objections of a secured creditor so long as the plan is "fair and equitable" to the creditor.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Mark A. McDermott , Ron E. Meisler , David M. Turetsky
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP

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