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    Involuntary bankruptcy petitions: a powerful weapon, but beware of the downside risks
    2015-03-30

    Filing an involuntary bankruptcy petition is an alternative not often considered by creditors. However, faced with the possibility of having to write-off a claim, a creditor may choose to file an involuntary bankruptcy petition in order to put the debtor under the control of the Bankruptcy Code and the bankruptcy court. Such a move comes with risk, and a recent Eleventh Circuit Court of Appeals decision may expand that risk.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, United States bankruptcy court
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Manufactured home lien: forget perfection, you need to have a lien in the first place
    2015-03-25

    Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) –

    A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical lien creditor based on the lender’s failure to perfect its lien. The bankruptcy court declined to avoid the lien since it held there was no lien to avoid.

    Filed under:
    USA, Kansas, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Seven factors and good faith: the Eleventh Circuit clarifies bankruptcy courts’ authority
    2015-03-20

    The Eleventh Circuit’s recent opinion in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In reSeaside Engineering & Surveying, Inc.), No. 14-11590 (11th Cir. March 12, 2015), clarifies the circuit’s stance on the authority of bankruptcy courts to issue nonconsensual, non-debtor releases or bar orders and the circumstances under which such bar orders might be appropriate. In addition, the court gave a broad reading of what it means for a plan to have been proposed in good faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Good faith, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Fairfield Sentry and the limits of comity in Chapter 15 cases
    2015-03-20

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Caplin & Drysdale, Chartered, Comity, Intangible property, United States bankruptcy court
    Authors:
    Jeffrey A. Liesemer
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Bankruptcy courts in the Second Circuit must review a sale of a US property under 11 U.S.C. § 363
    2015-03-23

    The Second Circuit in Krys v. Farnum Place (In re Fairfield Sentry Ltd.)1 denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC (Farnum), a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, US Code, Second Circuit, United States bankruptcy court
    Authors:
    George P. Angelich , George V. Utlik
    Location:
    USA
    Firm:
    ArentFox Schiff
    Eleventh Circuit sides with majority in approving third party releases in bankruptcy plans
    2015-03-18

    On March 12, 2015, the United States Court of Appeals for the Eleventh Circuit affirmed the authority of a bankruptcy court to issue non-consensual, non-debtor releases in connection with the confirmation of a plan of reorganization.1   With this decision, the Eleventh Circuit joined the majority view that such releases are permissible under certain circumstances.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, King & Spalding LLP, United States bankruptcy court, Eleventh Circuit
    Authors:
    Sarah Borders , Paul K. Ferdinands , Jeffrey Dutson
    Location:
    USA
    Firm:
    King & Spalding LLP
    Lost mortgage notes: those pesky state UCC variations
    2015-03-18

    Desmond v Raymond C. Green, Inc. (In re Harborhouse of Gloucester, LLC), 523 B.R. 749 (1st Cir. BAP 2014) –

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Employee claims entitlement to income attributable to patents owned by employer; factors for bankruptcy court to analyze when considering non-debtor releases.
    2015-03-19

    In this week's Alabama Law Weekly update, we report on two decisions. The first case is from the Alabama Supreme Court and considers whether an employee, who was a significant contributor in the creation of intellectual property patented by his employer, is entitled to a portion of the income that the employer received in a subsequent stock sale. The second decision is from the Eleventh Circuit Court of Appeals and considers the factors for bankruptcy courts to analyze when approving releases of claims against non-debtors, such as officers and directors of reorganized entities. 

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Patents, Sirote & Permutt PC, United States bankruptcy court
    Authors:
    Clayton Garrett
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    Litigation or estimation? When should nonbankruptcy actions continue in their original forums, and when should they be resolved through estimation in bankruptcy court?
    2015-03-19

    “I can [resolve] that” – Sam the Onion Man, Holes (as modified)

    Filed under:
    USA, Oklahoma, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Breach of contract, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Eleventh Circuit outlines bankruptcy courts’ allowance of non-consensual, non-debtor releases
    2015-03-20

    The Eleventh Circuit’s recent opinion in SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.), No. 14-11590 (11th Cir. March 12, 2015), clarifies the circuit’s stance on the authority of bankruptcy courts to issue nonconsensual, non-debtor releases or bar orders and the circumstances under which such bar orders might be appropriate. In addition, the court gave a broad reading of what it means for a plan to have been proposed in good faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, United States bankruptcy court, Eleventh Circuit
    Authors:
    John C. Weitnauer (Kit) , Lorraine Sarles
    Location:
    USA
    Firm:
    Alston & Bird LLP

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