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    Maybe Borrowers Can Escape Student Loan Debt: New York Bankruptcy Court Reinterprets the Brunner Undue Hardship Test
    2020-01-17

    A New York bankruptcy court recently allowed a pro se debtor to discharge over $200,000 in student loan debt, vehemently rejecting as “punitive” more recent legal authority concerning how student loan debts may be discharged in bankruptcy.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Authors:
    David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    Claim amount: It pays to pay attention
    2015-07-22

    In re Walker, 526 B.R. 187 (E.D. La. 2015) –

    The bankruptcy court (1) denied a mortgage lender’s request to file a late amendment to a proof of claim that had been filed on its behalf by the debtor and (2) confirmed the debtor’s proposed plan over the mortgagee’s objection that the plan payments were not sufficient to cure the actual arrearage. The lender appealed to the district court.

    Filed under:
    USA, Louisiana, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    TOUSA: what’s all the fuss?
    2012-08-10

    Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA, Inc.), 680 Fed 3rd 1298 (11th Cir. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Troutman Pepper
    The SunEdison bankruptcy: What you need to know
    2016-05-02

    As solar industry observers will already know, on April 21st, 2016, (the “Filing Date”) SunEdison, Inc. (“SunEdison”) and several of its U.S. and international subsidiaries (the "SunEdison Group") filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code (the “Chapter 11 Proceedings”)in the United States Bankruptcy Court for the Southern District of New York (the “ US Bankruptcy Court”).1

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Gowling WLG, Renewable energy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Thomas Gertner
    Location:
    USA
    Firm:
    Gowling WLG
    GFI Acquisition, LC v. American Federated Title Corp
    2010-07-08

    GFI Acquisition, LLC v. American Federated Title Corp., 2010 Bankr. LEXIS 1217

    An action was brought by the plaintiff alleging that the defendants breached an agreement of purchase and sale by failing to disclose provisions in the agreement which would operate to lock the plaintiffs out of subsequent negotiations to refinance loans on the properties to be assumed on the date of closing.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Gowling WLG, Breach of contract, Interest, Discovery, Negligence, Refinancing, United States bankruptcy court
    Location:
    USA
    Firm:
    Gowling WLG
    New Delaware Chapter 11 Filing - Beauty Brands, LLC
    2019-01-07

    Beauty Brands, LLC, along with two subsidiaries and affiliates, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 19-10031).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - ONE Aviation Corporation
    2018-10-10

    ONE Aviation Corporation, along with eleven subsidiaries and affiliates, has filed a petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-12309).

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - New MACH Gen, LLC
    2018-06-11

    New MACH Gen, LLC, along with four subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11368). MACH Gen, headquartered in The Woodlands, Texas, owns and operates three natural gas-fired electricity generating facilities across the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    Recent Bankruptcy Court Decisions Address Bankruptcy Code Section 365
    2018-04-16

    Section 365 of the Bankruptcy Code provides that a debtor “subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.” 11 U.S.C. § 365. This provision is a powerful tool because it allows a chapter 11 debtor to assume agreements that will be beneficial to restructuring efforts while rejecting agreements that are burdensome. Given its importance, the application of section 365 is not without challenge and subject to interpretation.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Patrick J. Reilley
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - HCR ManorCare, Inc.
    2018-03-05

    HCR ManorCare, Inc., a national provider of short-term, post-hospital services and long-term care based in Toledo, Ohio, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10467). HCR’s Petition estimates both its assets and liabilities to be between $1–$10 billion.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC

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