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    When laws collide: U.S. Attorney’s Office addresses tax consequences of paying wages to a bankruptcy trustee
    2008-11-14

    The Friday, October 10, 2008, edition of The State newspaper (Columbia, South Carolina) carried an article about the possible Wells Fargo-Wachovia merger. The article stated the merger could cause “major job cuts.” In an economic downturn such as the current one, employees are going to suffer job losses. Any employment attorney will tell you that will result in more employment-related lawsuits being filed by former employees against their former employers. Any bankruptcy attorney will tell you that will result in increased bankruptcy filings.

    Filed under:
    USA, Alabama, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ogletree Deakins, Wage, Bankruptcy, Interest, Income tax, Withholding tax, Federal Insurance Contributions Act tax, Form 1099, Internal Revenue Service (USA), Wells Fargo, Internal Revenue Code (USA), Certified Public Accountant
    Location:
    USA
    Firm:
    Ogletree Deakins
    ‘Hell or high water’ provisions — Wells Fargo v Mountain Rentals of Gatlinburg, Inc
    2009-01-19

    The Court of Appeals of Tennessee confirmed that an equipment lessor is entitled to enforce the “hell or high water” provision of an equipment lease.  

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Reed Smith LLP, Fraud, Liquidated damages, Warranty, Unconscionability, Default (finance), Standard form contract, Wells Fargo, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Reed Smith LLP
    West Coast Life adds claims to stranger-owned life insurance complaint
    2009-03-20

    On March 12, West Coast Life Insurance Co. added civil conspiracy and several violations of Florida law to a complaint alleging that an investment company, several insurance brokers and individual policyholders engaged in an illegal stranger-owned life insurance (STOLI) scheme. The amended complaint alleges that Park Venture Advisors masterminded and implemented the plan, which involved the sale of individual life insurance policies to private investors, while Wells Fargo Delaware Trust Co.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Interest, Limited liability company, Life insurance, Angel investor, Investment company, Conspiracy (civil), Brokerage firm, Wells Fargo, Trustee, US District Court for Southern District of Florida
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Lenders file motions to dismiss twenty-one General Growth Properties bankruptcy cases as bad-faith filings
    2009-06-04

    Metropolitan Insurance Company has joined ING Clarion Capital Loan Services, Inc., Wells Fargo Bank, N.A., and FRM Funding Company, Inc in requesting the Bankruptcy Court to dismiss as bad faith filings the bankruptcy cases of twenty-one property level CMBS borrower subsidiaries of General Growth Properties, Inc. ING filed the first motion on May 4th with respect to eight debtors, and a hearing was set for May 27th. That hearing was subsequently adjourned to June 17th. Creditors having similar motions to be heard on June 17th were required to file their motions to dismiss by May 29th .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Debt, Maturity (finance), Involuntary dismissal, Bad faith, Cashflow, Subsidiary, Commercial mortgage-backed security, Wells Fargo, ING Group, MetLife, United States bankruptcy court
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Appealing an involuntary: respect the Chapter 11 trustee’s authority
    2011-07-28

    When creditors succeed in obtaining an order for relief in an involuntary Chapter 11 case and the appointment of a Chapter 11 trustee, who controls the appeals for those orders? According to an April 28, 2011 order of the U.S. District Court for the District of Nevada, the correct answer is the Chapter 11 trustee.

    Filed under:
    USA, Nevada, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Bankruptcy, Debtor, Fiduciary, Investment banking, Standing (law), Involuntary dismissal, Wells Fargo, JPMorgan Chase, Trustee, Supreme Court of the United States, United States bankruptcy court, Tenth Circuit
    Authors:
    Larry Engel , James E. Hough , Norman S. Rosenbaum , Jordan A. Wishnew
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Code vs. contract: Fifth Circuit holds that section 506(b) governs recovery of proceeds from a foreclosure sale after the automatic stay has been lifted
    2014-07-15

    When an oversecured creditor forecloses on a debtor’s property after the automatic stay has been lifted, does the Bankruptcy Code (as opposed to state law) govern recovery of attorney’s fees and other amounts from the sale proceeds? Does the bankruptcy court have jurisdiction over the distribution of such proceeds? In Goldsby v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Foreclosure, Wells Fargo, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fla. App. Court (5th DCA) Holds Mortgagee Without Standing Must Pay Prevailing Borrower’s Fees
    2018-05-31

    The District Court of Appeal for the Fifth District of Florida recently denied a motion to reconsider an order awarding appellate attorney’s fees to borrowers who were the prevailing party on appeal, reversing judgment of foreclosure entered in favor of the mortgagee.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Foreclosure, Wells Fargo
    Location:
    USA
    Firm:
    Maurice Wutscher 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, Title 11 of the US Code, Wells Fargo, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court, US District Court for SDNY, Trustee
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lenders file motions to dismiss twenty-one General Growth Properties bankruptcy cases as bad-faith filings
    2009-06-04

    Metropolitan Insurance Company has joined ING Clarion Capital Loan Services, Inc., Wells Fargo Bank, N.A., and FRM Funding Company, Inc in requesting the Bankruptcy Court to dismiss as bad faith filings the bankruptcy cases of twenty-one property level CMBS borrower subsidiaries of General Growth Properties, Inc. ING filed the first motion on May 4th with respect to eight debtors, and a hearing was set for May 27th. That hearing was subsequently adjourned to June 17th. Creditors having similar motions to be heard on June 17th were required to file their motions to dismiss by May 29th .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Debt, Maturity (finance), Involuntary dismissal, Bad faith, Cashflow, Subsidiary, Commercial mortgage-backed security, Wells Fargo, ING Group, MetLife, United States bankruptcy court
    Authors:
    Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Stay relief: what happens to “unreasonable” fees?
    2014-10-17

    Wells Fargo Bank, N.A. v. 804 Congress, L.L.C. (In re 804 Congress, L.L.C.), 756 F.3d 358 (5th Cir. 2014) –

    After an oversecured creditor obtained relief from the automatic stay and foreclosed on some property, the bankruptcy court asserted jurisdiction over disposition of the sale proceeds and denied in part the creditor’s claim for fees. The district court reversed and the case was appealed to the 5thCircuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Foreclosure, Wells Fargo, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper

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