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    Lease abatement: the act of eliminating or nullifying
    2014-07-18

    N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.),510 B.R. 42 (S.D.N.Y. 2014) –

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Landlord
    Location:
    USA
    Firm:
    Troutman Pepper
    Highlights from 2014 (and beyond)
    2014-07-18

    It’s a beautiful day for the beach.  Even though some of us may be at the beach today (and if you are at the beach, why didn’t you invite us?), bankruptcy, like time, waits for no one.  Wherever we happen to be, ‘tis the season for a little something light – or at least lighthearted.  In the spirit of summer Fridays, we wanted to take the opportunity to bring you some of the colorful quotes that we’ve come across in bankruptcy decisions over the past few months.  And for those of you who crave more: worry not – we’ll keep combing our records in efforts to bring you furth

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The Eleventh Circuit’s recent decision clarifies an equity receiver’s standing to clawback receivership assets under the Florida Uniform Fraudulent Transfer Act
    2014-07-17

    The Eleventh Circuit’s recent opinion in Wiand v. Lee clarifies longstanding issues relating to an equity receiver’s standing to pursue clawback claims for the benefit of the receivership estate under the Florida Uniform Fraudulent Transfer Act (“FUFTA”).  See Wiand v. Lee, 2014 WL 2446084 (11th Cir. Jun.

    Filed under:
    USA, Florida, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Berger Singerman LLP, Fraud, Standing (law), Eleventh Circuit
    Authors:
    Gavin C. Gaukroger
    Location:
    USA
    Firm:
    Berger Singerman LLP
    Spotlight on bankruptcy: basic bankruptcy for mortgage litigators
    2014-07-17

    Mortgage litigators often face a variety of bankruptcy issues. There are three main chapters of bankruptcy that affect the average mortgage litigator: Chapter 7, Chapter 13 and Chapter 11. Upon the filing of Chapter 7, Chapter 13 and Chapter 11 by a borrower, the bankruptcy code provides for a bankruptcy automatic stay. The automatic stay provides that all judicial or administrative proceedings or actions against a borrower must immediately stop. This includes all foreclosure actions, eviction actions and general state court litigation against a borrower.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Kathleen G. Furr
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    No more ugly American: Judge refuses to allow Madoff trustee to pursue foreign indirect investors
    2014-07-17

    Judge Jed S. Rakoff of the Southern District of New York last week ruled that the U.S. Bankruptcy Code does not permit a bankruptcy trustee to recover foreign transfers.  Specifically, Judge Rakoff refused to allow Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”), to recoup monies initially transferred from BLMIS to non-U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Extraterritoriality
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    But only from sea to shining sea: U.S. court limits the reach of U.S. Bankruptcy Code
    2014-07-17

    International businesses involved in transactions associated in some way  with U.S. citizens received a measure of relief over the 4th of July holiday  weekend.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sullivan & Worcester LLP
    Authors:
    Patrick P. Dinardo
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    U.S. Supreme Court denies bankruptcy protection for inherited IRAs
    2014-07-17

    The U.S. Supreme Court’s recent decision in Clark v. Rameker has given individuals with IRAs a new reason to consider the use of trusts as their designated beneficiaries.  On June 12, 2014, the Court’s unanimous decision made clear that inherited IRAs do not receive bankruptcy protection under federal law.

    FEDERAL EXEMPTION

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Tucker Ellis, Bankruptcy, Debtor
    Authors:
    Susan L. Racey , Thomas W. Coffey , Robert S. Frost , Peter A. Igel , Erica E. McGregor , Rennie C. Rutman
    Location:
    USA
    Firm:
    Tucker Ellis
    The Fourth Circuit provides a useful roadmap for debtor’s seeking third-party releases
    2014-07-17

    The inclusion of third-party releases in plan of reorganization can be a particularly contentious aspect of the plan confirmation process. Debtors seeking such releases typically face opposition from affected creditors and scrutiny from bankruptcy courts that consider such releases prone to abuse.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Madoff bankruptcy decision offers protection for foreign investors
    2014-07-14

    In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Security (finance), Securities fraud
    Authors:
    Christopher Harris , Thomas J. Giblin
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Eleventh Circuit holds that filing a proof of claim in bankruptcy on a time-barred debt violates the FDCPA
    2014-07-15

    In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim on a time-barred debt in a bankruptcy case violates the Fair Debt Collection Practices Act (“FDCPA”).[1] See No. 13-12389,__ F.3d __, 2014 WL 3361226 (11th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Debt, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Alan D. Leeth , Rachel R. Friedman
    Location:
    USA
    Firm:
    Burr & Forman LLP

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