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    'Authority' to terminate financing statements under UCC
    2015-08-07

    On Jan. 21, in Official Committee of Unsecured Creditors of Motors Liquidation v. JPMorgan Chase Bank (In re Motors Liquidation), No. 13-2187, (2d Cir. Jan. 21, 2015), the U.S. Court of Appeals for the Second Circuit addressed whether a UCC-3 termination statement, which was improperly filed as part of the repayment of an unrelated loan, may be considered effective to terminate the security interest in question, even where none of the parties intended that result.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, JPMorgan Chase, Uniform Commercial Code (USA), Delaware Supreme Court
    Authors:
    Rudolph J. Di Massa, Jr. , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    Seriously misleading UCC searches
    2015-07-31

    Determining whether a security interest is properly perfected by using a state’s online lien search may be leading you astray.

    Filed under:
    USA, Insolvency & Restructuring, Porter Wright Morris & Arthur LLP, Debtor, Collateral (finance), Uniform Commercial Code (USA)
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Tennessee court changes foreclosure notice procedures
    2007-05-31

    Summary: A recent Tennessee case requires secured lenders to verify the debtor's receipt of the notice of a foreclosure sale of personal property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Credit (finance), Debtor, Collateral (finance), Personal property, Foreclosure, Statutory damages, Secured loan, American Bankers Association, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    New bankruptcy law benefits trade creditors
    2007-07-26

    More than a year and a half has passed since the Bankruptcy Code was significantly revised pursuant to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) which became effective (with some exceptions) on October 17, 2005. While the full impact of BAPCPA will not be fully realized for years to come, it is already apparent that trade creditors stand to benefit significantly as a result of these amendments.

    Expanded Administrative Expense and Reclamation Rights

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Contractual term, Bankruptcy, Debtor, Consumer protection, Debt, Debtor in possession, Uniform Commercial Code (USA), Trustee, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Wiley Rein LLP
    The Enron claims trading decision: everyone loses
    2007-10-04

    On August 27, 2007, United States District Judge Shira Scheindlin held that Springfield Associates, an innocent transferee of a claim from Citigroup against Enron, was not subject to certain counterclaims and defenses so long as Springfield was a “purchaser” and not an “assignee” of the claim. See In re Enron Corp. v. Springfield Assocs. L.L.C., No. 07 Civ. 1957, 2007 U.S. Dist. LEXIS 63129 (S.D.N.Y. Aug. 27, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, Swap (finance), Remand (court procedure), Warranty, Distressed securities, US Congress, Citigroup, Enron, Uniform Commercial Code (USA), US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Pre-disposition notice required to preserve deficiency claim
    2007-11-14

    A decision by the Illinois Court of Appeals reinforces the importance of providing pre-disposition notice to preserve a deficiency claim against an obligor. General Motors Acceptance Corp. v. Stoval, No. 1-06-1858, ____ N.W. 2d ____ (Ill. Ct. App. June 29, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Collateral (finance), Foreclosure, Default (finance), Secured creditor, Uniform Commercial Code (USA), Illinois Appellate Court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Commercial loan workouts from the secured lender’s perspective
    2008-03-28

    The uncertain economic times and high leverage multiples on many loan transactions have combined to create distress in many commercial loan portfolios. An understanding of commercial loan workouts is integral to loan officers, portfolio managers and internal lenders’ counsel.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Vedder Price PC, Bankruptcy, Debtor, Collateral (finance), Debt, Liquidation, Valuation (finance), Leverage (finance), Distressed securities, Tax lien, Secured loan, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Vedder Price PC
    Bankruptcy proof of claim form recently changed
    2008-02-27

    Effective December 1, 2007, the official proof of claim form filed in bankruptcy cases changed. While the basic information included on the proof of claim form remains the same, there are some changes creditors should be aware of which are summarized below.

    Creditor Information

    Filed under:
    USA, Insolvency & Restructuring, Dinsmore & Shohl LLP, Credit card, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Mortgage loan, Deed of trust (real estate), Social Security number, Wrongful death claim, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    American Home court expands scope of repo safe harbor
    2008-05-29

    In a May 23, 2008 decision, the United States Bankruptcy Court for the District of Delaware ruled that BBB-rated mortgage-backed notes are eligible for the Bankruptcy Code's repurchase agreement safe harbor as “interests in mortgage loans”. The court also held that a repurchase agreement constituted a sale, as opposed to a financing governed by UCC Article 9 -- the first decision on this topic since the financial contract safe harbors were expanded under the 2005 amendments to the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Breach of contract, Safe harbor (law), Market liquidity, Margin (finance), Mortgage loan, Foreclosure, Broker-dealer, Mortgage-backed security, Commercial paper, Lehman Brothers, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy Court holds that postpetition loan participation is not a form of cover under the Uniform Commercial Code
    2008-05-14

    Customers dealing with troubled automotive suppliers often decide to resource production to other suppliers rather than facilitate a true restructuring of the troubled supplier's business. Such resourcing, however, generally cannot be done overnight. Tier 1 suppliers or original equipment manufacturers ("OEMs") often take months to resource production. Because of the "just in time" production process, Tier 1 suppliers and OEMs often cannot afford to be without component parts or tooling for the period of time that it may take to resource.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Supply chain, Liability (financial accounting), Liquidation, Line of credit, Debtor in possession, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    BakerHostetler

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