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    State court collections - South Carolina
    2011-05-26
    1. Learn About Your Client and the Debtor.

    Before you accept a collection case, make sure you know your client’s business and the debtor’s business.

    Filed under:
    USA, South Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Nexsen Pruet, Debtor, Consumer protection, Collateral (finance), Statute of limitations, Personal jurisdiction, Debt, Foreclosure, Contingent fee, American Airlines, United States bankruptcy court
    Location:
    USA
    Firm:
    Nexsen Pruet
    Survey of Texas Bankruptcy Court opinions addressing the applicability of Till in Chapter 11 cases
    2011-06-01

    In order to identify the appropriate cramdown rate of interest which allows a secured creditor to receive the “present value” of its claim through a stream of payments proposed in a plan, such analysis must necessarily begin with the Supreme Court’s plurality opinion in Till v. SCS Credit Corp., 541 U.S. 465 (2004).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Munsch Hardt Kopf & Harr PC, Interest, Secured creditor, United States bankruptcy court
    Location:
    USA
    Firm:
    Munsch Hardt Kopf & Harr PC
    Bankruptcy claims traders beware: ensure that the cure comes with the claim
    2011-06-01

    Over the past five years, courts have issued rulings of potential concern to buyers of distressed debt. Courts have addressed, among other things, “loan to own” acquisition strategies resulting in vote designation; equitable subordination, disallowance, and other lender liability exposure based upon the claim seller’s misconduct; disclosure requirements for ad hoc committees of debtholders; the adequacy of standardized claims-trading agreements; and claim-filing requirements in the era of computerized records.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Unsecured debt, Breach of contract, Interest, Holding company, Default (finance), Business judgement rule, Debtor in possession, Distressed securities, Title 11 of the US Code, Trustee, United States bankruptcy court, Seventh Circuit
    Authors:
    Scott J. Friedman , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    New York bankruptcy court holds that Bankruptcy Code’s two-year extension of time to bring actions applies to foreign representatives in Chapter 15 cases
    2011-05-31

    Section 108 of the Bankruptcy Code grants a two-year extension of time for a trustee in bankruptcy (or a debtor in possession) to bring law suits, provided that the applicable period to sue didn’t expire before the petition date. It also gives a short extension to the trustee for filing pleadings, curing defaults, and performing other acts on behalf of the debtor. These provisions afford a trustee and debtor in possession valuable time to discover and evaluate potential causes of action and to perform other acts to preserve the debtor’s rights.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Debtor, Security (finance), Statute of limitations, Investment management, Liquidation, Default (finance), Debtor in possession, Liquidator (law), US Congress, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Alan W Kornberg , Stephen J. Shimshak , Claudia R Tobler
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Visteon Corporation files preference actions against creditors
    2011-05-29

    Introduction

    Last week, Visteon Corporation began filing preference complaints against hundreds of current and former creditors of the company. This post will look briefly at the nature of Visteon’s business, why the company filed for bankruptcy, as well some of the likely “next steps” now that the company has filed its preference complaints.

    The Bankruptcy Filing

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Default (finance), Ford Motor Company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the Jackson Hewitt bankruptcy
    2011-05-29

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Royalty payment, Bankruptcy, Landlord, Leasehold estate, Debt, Tax return (USA), Secured loan, Walmart, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Two circuit courts hold insurers have standing in Chapter 11 cases of their insureds
    2011-06-08

    Last month, the United States Court of Appeals in two separate circuits held that liability insurers have standing as parties in interest to appear and be heard in an insured's Chapter 11 case where the insurer might be liable to indemnify the claims of the insured's creditors.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Injunction, Interest, Standing (law), Default judgment, Dissenting opinion, Second Circuit, United States bankruptcy court, Third Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    S.D.N.Y. Bankruptcy Court continues to construe Bankruptcy Code’s safe harbor provisions narrowly
    2011-06-07

    In two recent decisions, the United States Bankruptcy Court for the Southern District of New York has interpreted narrowly certain of the Bankruptcy Code’s safe harbor provisions.  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Injunction, Swap (finance), Leveraged buyout, Default (finance), Collateralized debt obligation, Mortgage-backed security, Wells Fargo, International Swaps and Derivatives Association, Lehman Brothers, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Junior lien holder bankruptcy can stay the foreclosure of a senior lien
    2011-06-07

    The second priority lien held by a junior lien holder is a property interest sufficient to trigger the protection of the automatic stay.In re Three Strokes L.P., 379 B.R. 804 (Bankr. N.D. Tex. 2008). Inasmuch as a senior lien holder’s foreclosure proceedings would have the effect of extinguishing the debtor’s second lien interest, a court may only lift the stay and permit the foreclosure to proceed upon such senior lien holder’s showing of adequate protection.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Seyfarth Shaw LLP, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Deed, Default (finance), Deed of trust (real estate), Tax lien, Secured loan, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Seventh Circuit gives mortgage lender's security interest in future rental income priority over federal tax lien
    2011-06-06

    The Seventh Circuit recently decided that a mortgage that assigns future rental income to the mortgagee creates a security interest that takes priority over a federal tax lien.  Bloomfield State Bank v. United States, No.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Debtor, Unsecured debt, Interest, Mortgage loan, Default (finance), Tax lien, Internal Revenue Service (USA), Internal Revenue Code (USA), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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