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    Misrepresentation — In re Nosek
    2009-01-19

    A federal bankruptcy imposed sanctions against two mortgage companies and their attorneys for making misrepresentations as to which party was the true holder of the mortgage and note. Decisions such as the one in In re Nosek resonate with particular significance as the mortgage crisis continues to have widespread ramifications.  

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Discovery, Mortgage loan, Misrepresentation, Capital punishment, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court may withdraw derivative standing of equity committee
    2009-01-19

    The U.S. Court of Appeals for the Second Circuit has determined that a bankruptcy court may withdraw the derivative standing conferred on a statutory committee without that committee’s consent. Official Comm. of Equity Sec. Holders of Adelphia Communications Corp. v. Official Comm. of Unsecured Creditors of Adelphia Communications Corp. (In re Adelphia Communications Corp.), 544 F.3d 429 (2d Cir. 2008).  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Unsecured debt, Federal Reporter, Investment banking, Standing (law), Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Third Circuit tackles ‘core proceedings’ issue
    2009-01-19

    The United States Court of Appeals for the Third Circuit has issued a decision that provides an important summary concerning the circumstances under which state law causes of action asserted between nondebtor parties are sufficiently interconnected with claims brought against a debtor to be considered “core proceedings,” which may be determined as part of a bankruptcy case. In re Exide Technologies, 544 F.3d 196 (3d. Cir. 2008).  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Federal Reporter, Forum selection clause, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    LBO payments for privately-held company not subject to avoidance
    2009-01-30

    Introduction

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Public company, Security (finance), Fraud, Interest, Privately held company, Limited partnership, Subsidiary, Title 11 of the US Code, Trustee, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress
    2009-01-30

    Introduction

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Interest, Covenant (law), Liability (financial accounting), United States bankruptcy court, Florida Supreme Court , US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Continued viability of “earmarking doctrine” defense to preference actions affirmed by Fifth Circuit
    2009-01-30

    In In re Entringer Bakeries, Inc.,1 the United States Court of Appeals for the Fifth Circuit affirmed the viability of the “earmarking doctrine” as a judicially-created defense to a preference action under section 547(b) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Collateral (finance), Leasehold estate, Interest, Debt, Maturity (finance), Liquidation, Secured loan, Small Business Administration (USA), Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Is triangular set-off enforceable under US laws?
    2009-01-29

    Introduction:  

    Filed under:
    USA, Delaware, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Reed Smith LLP, Contractual term, Bankruptcy, Debtor, Swap (finance), Debt, Default (finance), Chevron Corporation, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Reed Smith LLP
    Potential ramifications of the Madoff investment crisis
    2009-01-26

    Investors victimized by the fraud perpetrated by Bernard Madoff and his company, Bernard L. Madoff Investment Securities, LLC (collectively Madoff), should be aware of their legal options and risks. Some of these options have very short deadlines. Likewise, investors who successfully withdrew their investments before Madoff`s fraud came to light could face potential claims. In either circumstance, the prospects of litigation are high.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Foley & Lardner LLP, Bankruptcy, Security (finance), Fraud, Class action, Statute of limitations, Taxable income, Option (finance), Liquidation, Tax deduction, Tax return (USA), Securities Investor Protection Corporation, Constitutional amendment, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Reclamation claims and the rights of secured creditors
    2009-01-23

    The Sixth Circuit recently held that section 2-702(3) of the Uniform Commercial Code (the "UCC"), which permits good faith purchasers to defeat a valid right to reclaim, does not allow a secured creditor to defeat that right.[1] The Sixth Circuit found that the security interest held by a DIP lender could not be used to defeat the right of a reclaiming creditor under the UCC or pre-BAPCPA section 546(c) of the Bankruptcy Code. This decision may impact the way bankruptcy courts consider reclamation claims under revised section 546(c) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Debtor, Unsecured debt, Liquidation, Good faith, Secured creditor, Secured loan, Title 11 of the US Code, Uniform Commercial Code (USA), United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    BakerHostetler
    House Judiciary Committee holds hearing on mortgage modification in bankruptcy
    2009-01-23

    Yesterday, the House Judiciary Committee held a hearing to discuss two proposed bills, H.R. 200, the “Helping Families Save Their Homes in Bankruptcy Act of 2009” and H.R. 225, the “Emergency Homeownership and Equity Protection Act", that would allow bankruptcy judges to modify the terms of certain mortgages on principal homes during bankruptcy proceedings. H.R.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Consumer protection, Mortgage loan, Foreclosure, Good faith, US Senate, US House of Representatives, US House Committee on the Judiciary, Citigroup, Citibank, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP

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