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1
Ashwini Mehra Writes For CII Communiqué On Insolvency And Bankruptcy Code
Ashwini Mehra, Senior Advisor, Duff & Phelps was featured in CII Communiqué – the monthly newsletter of the Confederation of Indian Industry.
United States
20 Jul 2018
2
Non-Debtor Substantive Consolidation: Do Recent Cases Signal A Judicial Preference For State Law Claims?
It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy.
United States
18 Jul 2018
3
Joshua Lee Smith Appointed To Westborough Economic Development Committee
Joshua Lee Smith has been appointed to the Westborough Economic Development Committee (EDC), which has been serving the town of Westborough since 2008. Smith's term will run through June 2019.
United States
18 Jul 2018
4
Prepetition Setoff Not An 'Improvement In Position' Under Bankruptcy Code
In a recent decision out of the U.S. Bankruptcy Court for the Western District of Virginia, a court analyzed the effect of a setoff effectuated between two governmental units in the 90 days...
United States
18 Jul 2018
5
For Creditors, Written Representation Is The Best Evidence
The Supreme Court's opinion has implications for both creditors and borrowers in future transactions.
United States
17 Jul 2018
6
ABI's Quick Evidence Handbook, Second Edition
ABI's Quick Evidence Handbook, Second Edition is a practical and highly accessible primer on the mechanics of admitting (or excluding) evidence in bankruptcy cases.
United States
16 Jul 2018
7
Unique Challenges For Commercial Landlords Posed By Large-Scale Retailer Bankruptcies
(Excerpted from "Retail Bankruptcies – Protections for Landlords," Practical Law Journal, May 2018, by Lars Fuller)
United States
13 Jul 2018
8
Delaware Bankruptcy Litigants Get Lost In Article 9's Anti-Assignment Override Provisions
A recent Delaware bankruptcy court decision may leave bankruptcy-claim traders somewhat confused as to how to properly navigate the anti-assignment "override provisions" set forth
United States
9 Jul 2018
9
Second Circuit Holds Arbitration Of Alleged Violation Of Discharge Injunction Conflicts With Purposes Of Bankruptcy Code
Recently, in Anderson v. Credit One Bank, N.A., the Second Circuit affirmed the denial of a credit card issuer's attempt to compel arbitration of a discharged Chapter 7 debtor's putative class action...
United States
6 Jul 2018
10
Court Rules That University Does Not Need To Return Loan Proceeds To A Bankruptcy Estate
On June 19, the federal District Court for the District of Connecticut issued a decision allowing Johnson & Wales University to retain proceeds it received under a Federal Direct Parent PLUS Loan ...
United States
5 Jul 2018
11
Ninth Circuit Upholds Lender's Defensive Purchase Of Blocking Position In Junior Debt To Protect Existing Claim
In a decision of significance for secured lenders, the Ninth Circuit recently affirmed a lender's ability to purchase a "blocking position" in junior debt to prevent confirmation of a "cramdown" plan.
United States
4 Jul 2018
12
Recent Ninth Circuit Decision Elevates Maritime Law Principles Over Bankruptcy Law
In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" ...
United States
4 Jul 2018
13
Supreme Court Holds That A Statement About A Single Asset Can Be A Statement Respecting A Debtor's Financial Condition
The Supreme Court held that a statement about a single asset can be a "statement respecting the debtor's financial condition" for purposes of determining the application of the exception...
United States
3 Jul 2018
14
Supreme Court Resolves Circuit Split On Issue Of Whether Statement About A Single Asset Is One Respecting Debtor's Financial Condition
Section 523(a)(2) was enacted to place limits on the Bankruptcy Code's "fresh start" policy by protecting victims of fraud.
United States
3 Jul 2018
15
Supreme Court Holds That A Statement About A Single Asset Can Be A Statement Respecting A Debtor's Financial Condition
The Supreme Court held that a statement about a single asset can be a "statement respecting the debtor's financial condition" for purposes of determining the application of the exception...
United States
3 Jul 2018
16
ASU 2016-14: Liquidity And Availability Disclosures
In an effort to provide more useful information to donors, grantors, creditors and other users of the financial statements, the Financial Accounting Standards Board (FASB) ...
United States
3 Jul 2018
17
Sixth Circuit Court Of Appeals Affirms Rights Of Lenders To Assigned Rents
On June 15, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed a decision of the U.S. District Court for the Eastern District of Michigan, holding that rents collected by a receiver...
United States
2 Jul 2018
18
Assignee's Pre- And Post-Petition Attorney Fees Are Compensable In A Chapter 7 Bankruptcy
In a recent Chapter 11 case and subsequent Chapter 7 case, Judge Timothy Barnes of the N.D. of Illinois allowed counsel for an assignee ("Assignee") in an Illinois assignment for the benefit of creditors ("ABC") to recover attorneys' fees and expenses incurred pre-petition and post-petition.
United States
25 Jun 2018
19
United States
25 Jun 2018
20
Foreign Debtors' Forum Shopping Warranted Stay Of U.S. Avoidance Litigation
The doctrine of forum non conveniens permits a court to dismiss litigation even if the court is a proper venue with jurisdiction over the claims asserted.
United States
25 Jun 2018
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