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    Marshaling assets: variation on a theme
    2012-10-23

    Great Lakes Agri-Services, LLC v State Bank of Newberg (In re Enright), 474 B.R. 854 (Bankr. E.D. Wisc. 2012) –

    Steven Enright and his wife borrowed money from a bank to buy dairy cows and other improvements for the family dairy farm.  The bank loan was secured by assets of the Enrights, and also guaranteed by Steven’s parents, with the parents’ guarantee secured by a mortgage on the dairy farm itself (which was owned by the parents).

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Troutman Pepper, Shareholder, Collateral (finance), Mortgage loan
    Location:
    USA
    Firm:
    Troutman Pepper
    Preference litigation pursuant to Chapter 128 of the wisconsin statutes vs. preference litigation pursuant to the United States Bankruptcy Code
    2012-02-15

    Many creditors have had the unfortunate experience of receiving a demand letter or adversary complaint alleging that they received avoidable transfers—commonly known as "preferential payments" or "preferences"—during the 90 days preceding a customer's federal bankruptcy filing. Such claims arise under section 547 of the Bankruptcy Code, and can result in a creditor having to return certain payments made during the 90-day preference period.

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Debtor, Liquidation, Title 11 of the US Code
    Authors:
    L. Katie Mason
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Bankruptcy court lacked authority to issue final order in "core" proceeding
    2012-02-07

    IN RE: ORTIZ (December 30, 2011)

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Post-receivership claims against receiver are barred by collateral estoppel
    2012-01-31

    VIRNICH v. VORWALD (December 20, 2011)

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Collateral (finance), Collateral estoppel
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Wisconsin passes non-judicial foreclosure for timeshare
    2011-12-09

    Yesterday Governor Scott Walker signed into law SB 241 which permits non-judicial foreclosures for mortgages and assessment liens on timeshare estates and licenses.  The new law took effect upon being signed by Governor Scott Walker.

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Leisure & Tourism, Real Estate, BakerHostetler, Foreclosure
    Authors:
    David B. Waller
    Location:
    USA
    Firm:
    BakerHostetler
    Computer developer in Madison, Wisconsin
    2011-10-13

    In re MicroBlade, LLC (Bankr. W.D. Wis.) Case no. 11-14981

    Filed under:
    USA, Wisconsin, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Telecoms, Trademarks, Greenberg Traurig LLP, Bankruptcy, Debtor, Patent infringement, Accounts receivable, Limited liability company, Personal property
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    WARNing: You Could be Personally Liable
    2016-04-19

    “Can I be personally liable?” Directors, officers, and managers of business entities frequently ask that question of their attorneys. A recent Delaware decision reveals an important area of potentially huge personally liability involving a sudden shutdown caused by insolvency.

    Filed under:
    USA, Delaware, Wisconsin, Employment & Labor, Insolvency & Restructuring, Litigation, Verrill Dana LLP, Legal personality, Fiduciary, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court
    Authors:
    Roger A. Clement, Jr.
    Location:
    USA
    Firm:
    Verrill Dana LLP
    Pro Se Creditor Out of Luck (and Time) When He Did Not File Timely Appeal - Because He Never Received Notice of Entry of the Order!
    2016-03-03

    “Sometimes, you can make no mistakes, do everything right, and still lose.”

    Captain Jean-Luc Picard, Star Trek: The Next Generation (TNG)

    Filed under:
    USA, Wisconsin, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The ship is going down, but I got mine
    2010-03-04

    Traditionally, when a business begins to flounder and take on enough metaphorical water to sink, the officers and directors can find themselves in a fiduciary relationship with the company's creditors. However, in Wisconsin, an opinion was recently published by an appellate court which determined that no fiduciary duty attaches until such time as the sinking company is both insolvent and not a "going concern". In other words, it is only when this ship has sunk that a fiduciary duty will attach.

    Filed under:
    USA, Wisconsin, Company & Commercial, Insolvency & Restructuring, Litigation, Bricker & Eckler LLP, Fiduciary
    Authors:
    Christopher M. Ernst
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    Collection of utility charges does not fit within automatic stay exceptions
    2011-07-26

    REEDSBURG UTILITY COMMISSION v. GREDE FOUNDRIES (July 13, 2011)

    Filed under:
    USA, Wisconsin, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Interest, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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