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    Ninth CIRC. Bankruptcy appellate panel tackles property and creditor's reach in 'juarez'
    2020-06-26

    InIn re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach: it adopted the view that, under the "new value exception" to the "absolute priority rule," an individual Chapter 11 debtor intending to retain such property need not make a "new value" contribution covering the value of the exemption.

    Background

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Duane Morris LLP, Breach of contract, Fraud, Ninth Circuit, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Malcolm Bates
    Location:
    USA
    Firm:
    Duane Morris LLP
    Tweet all about it: U.S. Bankruptcy Court rules business social media accounts are property of debtor LLC's bankruptcy estate, not individual LLC members
    2015-04-22

    In a case of first impression in Texas, the United States Bankruptcy Court for the Southern District of Texas held that the former majority member of a chapter 11 LLC debtor had to relinquish control of the LLC's Facebook page and Twitter account because they were property of the LLC's bankruptcy estate. In re CTLI, LLC, Case No. 14-33564, 2015 WL 1588085 (Bankr. S.D. Tex. April 3, 2015). CTLI, LLC was a Texas gun store and shooting range doing business as Tactical Firearms.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Internet & Social Media, Litigation, Duane Morris LLP, Debtor, Limited liability company, United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    First CIRC.: no 'reasonably equivalent value' in exchange for tuition payments
    2020-05-21

    In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives “reasonably equivalent value” in exchange for paying his adult child’s college tuition. The Palladino court answered this question in the negative, thereby contributing to the growing circuit split regarding the avoidability of debtors’ college tuition payments for their adult children as constructively fraudulent transfers.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, US Securities and Exchange Commission, United States bankruptcy court, First Circuit, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Elisa Hyder
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy Court finds debtor entitled to a "free house" because mortgage foreclosure complaint barred by New Jersey statute of limitations
    2014-12-16

    Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Statute of limitations, Mortgage loan, Foreclosure, United States bankruptcy court
    Authors:
    Jarret P. Hitchings
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy Court Holds That Default Interest Rate of 7 Percent Is Enforceable and Not a Penalty Against a Solvent Debtor
    2019-02-26

    This is a favorable decision for commercial secured lenders. Although the ruling is not controlling on other bankruptcy courts as it is a trial court level ruling, courts may certainly consider it when presented with similar issues.

    In In re 1111 Myrtle Avenue Group, LLC (Bankr. S.D.N.Y. 2019), a New York bankruptcy court held that a default interest rate provision of 7 percent was enforceable and not a penalty against a debtor, which retained significant equity postbankruptcy.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, United States bankruptcy court
    Authors:
    Meagen E. Leary , Marcus O. Colabianchi
    Location:
    USA
    Firm:
    Duane Morris LLP
    New Jersey bankruptcy court upholds trademark licensees' rights to use trademark despite licensor's bankruptcy
    2014-11-26

    In In re Crumbs Bake Shop, Inc., No. 14-24287 (Bankr. D.N.J., Oct. 31, 2014), Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey held that trademark licenses may be entitled, under a bankruptcy court's equitable powers, to the protections of Section 365(n) of the United States Bankruptcy Code, 11 U.S.C. § 101 et seq.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Duane Morris LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Will the Scope of US Trustee’s Policy on Cannabis-Related Bankruptcy Filings be Limited?
    2018-03-13

    The Court of Appeals for the Ninth Circuit revived a chapter 13 debtor’s bankruptcy case holding that the bankruptcy court below made no specific finding that the debtor violated the Controlled Substance Act (“CSA”) to support dismissal of the case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, US Department of Justice, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    'Loan-to-own' strategy may lead to limitation on credit-bidding
    2014-09-19

    On April 14, in In re Free Lance-Star Publishing, 512 B.R. 798 (Bankr. E.D. Va. 2014), the U.S. Bankruptcy Court for the Eastern District of Virginia considered the objection of Chapter 11 debtors to a secured creditor's right to credit bid at a sale of the debtors' assets pursuant to 11 U.S.C. Section 363.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Personal property, Secured creditor, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Rudolph J. Di Massa, Jr. , James G. Schu, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    In re Millennium Lab Holdings: “All We Are Saying Is Give Nonconsensual Third-Party Releases a Chance”
    2018-09-24

    District Court Confirms Bankruptcy Court’s Constitutional Authority to Approve Millennium Plan Releases, Dismisses as Equitably Moot Opt-Out Lenders' Remaining Issues on Appeal

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, US Department of Justice, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    What Not To Do In The Courthouse
    2018-06-01

    As an officer of the court every attorney is held accountable to the standards set forth in the Rules of Professional Conduct. In bankruptcy court, attorneys are held to additional standards set forth in local bankruptcy law. A violation of the rules can result in harsh sanctions as attorney Richard Gates discovered in In re Gates, Misc. Case No. 18-00301-KRH (Bankr. E.D. Va. Apr. 5, 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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