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    Fee award rendered against prisoner for maintaining frivolous litigation is not subject to discharge under the Federal Bankruptcy Code
    2012-02-09

    In Searcy v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Frivolous litigation, Attorney's fee, Bankruptcy discharge, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Justice department claims $25 billion foreclosure settlement reached with largest mortgage servicers
    2012-02-10

    According to a U.S. Department of Justice press release, the federal government and 49 state attorneys general have reached a $25 billion settlement agreement with the nation’s five largest mortgage servicers to settle claims over alleged mortgage loan servicing and foreclosure abuses. If reports are correct, the agreement, which Attorney General Holder called the “the largest joint federal-state settlement ever obtained,” compels the mortgage servicers to adhere to extensive new servicing standards and provides considerable financial relief for homeowners.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Dykema Gossett PLLC, Mortgage loan, Foreclosure, State attorney general, US Department of Justice, Bank of America, United States bankruptcy court
    Authors:
    Donald C. Lampe , Fredrick S. Levin , Jeffrey E. Jamison
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Potential creditor's claim appeal is moot once property is sold pursuant to approved liquidation plan
    2012-02-02

    IN RE: RIVER WEST PLAZA - CHICAGO, LLC (December 22, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kelley Drye & Warren LLP, Liquidation, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The Delaware Bankruptcy Court confirms that lenders in multiple-level financing structures are entitled to the protections of corporate separateness
    2012-02-03

    The Delaware Bankruptcy Court has confirmed that in multiple-debtor chapter 11 cases, the cramdown rules set forth in section 1129(a)(10) of the Bankruptcy Code must be applied on a per debtor basis as opposed to a per plan basis. See In re JER/Jameson Mezz Borrower II, LLC, No. 11-13338 (MFW), 2011 WL 6749058 (Bankr. D. Del. Dec. 22, 2011) (“Jameson”) and In re Tribune Co., No. 08-13141 (KJC), 2011 WL 5142420 (Bankr. D. Del. Oct. 31, 2011) (“Tribune”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Michael J. Sage , Brian E. Greer
    Location:
    USA
    Firm:
    Dechert LLP
    Chapter 7 trustee in ManagedStorage (aka Incentrix Solutions) files preference actions
    2012-02-05

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Can secured creditors credit bid in Chapter 11 plans? Supreme Court to decide
    2012-02-01

    The Issue

    The issue is whether a Chapter 11 plan can be crammed down over the secured lender’s objection where the plan provides for the sale or transfer of the secured lender’s collateral with the proceeds going to the secured lender without the secured lender having the right to credit bid for is collateral up to the full amount of its claim.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Credit (finance), Debtor, Collateral (finance), Debt, Mortgage loan, Secured creditor, United States bankruptcy court
    Authors:
    Lawrence Mittman , John D. Penn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Decision favors secured creditors in single asset real estate bankruptcy cases
    2012-02-01

    On January 19, 2012, the 7th Circuit Court of Appeals issued an opinion in In re River East Plaza, LLC , 2012 WL 169760 (7th Cir. January 19, 2012), affirming an order by the U.S. Bankruptcy Court for the Northern District of Illinois, Eastern Division, granting an undersecured creditor's motion to lift the automatic stay and dismissing the debtor's single asset real case. The debtor attempted to defeat the mortgagee's motion to lift the automatic stay by proposing a "cramdown" Chapter 11 plan of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Debtor, United States bankruptcy court
    Authors:
    Richard M. Bendix, Jr. , Gary P. Segal , Michael S. Kurtzon
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    An [in]subordinate lender: Delaware Bankruptcy Court dismisses mezzanine borrower's chapter 11 case for bad faith
    2012-01-24

    In an opinion that has wide-ranging implications for the structured finance industry, the Delaware bankruptcy court recently dismissed a mezzanine borrower’s chapter 11 case as a bad faith filing pursuant to section 1112(b) of the Bankruptcy Code. In re JER/Jameson Mezz Borrower II, LLC, No. 11-13338, 2011 WL 6749058 (Bankr. D. Del. Dec.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Bad faith, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    Seventh Circuit holds real estate debtor cannot cram down undersecured lender with bonds
    2012-01-25

    The U.S. Court of Appeals for the Seventh Circuit affirmed a bankruptcy court’s dismissal of a single asset real estate case on Jan. 19, 2012, reasoning that the debtor’s proposed substitute collateral “was not the indubitable equivalent of the [undersecured lender’s] mortgage.”In re River East Plaza, LLC, 2012 WL 169760, *2 (7th Cir. Jan. 19, 2012) (Posner, J.). In the court’s words, the debtor “wanted [the lender] out of there and decided to seek confirmation of a [reorganization] plan . . .

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Collateral (finance), Default (finance), United States bankruptcy court, Seventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Delaware Bankruptcy Court dismisses single-asset real estate Mezz debtor’s bankruptcy case for bad faith
    2012-01-26

    On December 22, 2011, the United States Bankruptcy Court for the District of Delaware inIn re JER/Jameson Mezz Borrower II LLC 1 dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Code. In doing so, the court clarified that the standard in the Third Circuit to evaluate the good faith of a debtor seeking shelter under the umbrella of Chapter 11 of the Bankruptcy Code is an objective one and does not consider the subjective good faith of a debtor as do courts within the Secon d Circuit.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Good faith, Prejudice, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Jason H. Watson , David A. Wender , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP

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