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HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...


HTMLEleventh Circuit: Enhanced TILA Disclosure and Remedies Not Applicable to UCC Article 9 Fixture Filers, As No Security Interest Created in Consumers’ Homes
Murray B. Silverstein, Jonathan S. Tannen; Greenberg Traurig, LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
The Eleventh Circuit recently ruled that fixture filings do not expose lenders to the enhanced disclosure requirements or remedies of the federal Truth in Lending Act (TILA), holding that a security interest in goods-even if the goods are deemed fixtures-does not extend to consumers’ homes.


HTMLMixed Result on FDIC Appeal Of Failed-Bank D&O Claims
George A. LeMaistre; Jones Walker LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
A federal appellate court last week delivered a mixed result to the FDIC in deciding the agency's appeal of trial-court judgments that had been entered in favor of defendant directors and officers of a failed North Carolina bank.


HTMLGood News for Secured Creditors and Commercial Lessors in Chapter 13 Cases
Jason W. Johnson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
A new administrative order was entered by Chief Judge Jennemann in the Middle District of Florida on August 10. The Middle District of Florida stretches from Jacksonville on the east coast, through Central Florida and down the west coast through Fort Myers. The new procedures affect all Chapter 13...


HTMLItalian Bankruptcy Law Reform Emphasizes Flexibility for Borrowers, Active Role for Creditors
Francesco Squerzoni; Jones Day;
Legal Alert/Article
August 26, 2015, previously published on August 2015
During the last few years, the section of Royal Decree No. 267 of March 16, 1942 (the "Italian Bankruptcy Law") dedicated to pre-insolvency proceedings has been reformed extensively by the Italian legislature. The purpose of the reform is to provide distressed Italian entities with a more...


HTMLThe Second Circuit Denies Midland’s Request For Rehearing On Its Decision That Upended Longstanding Principles of Lending Law
Nathan Bull, Scott A. Cammarn; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
On August 12, 2015, the United States Court of Appeals for the Second Circuit denied Midland Funding, LLC and Midland Credit Management (collectively, “Midland”)’s petition for panel rehearing, or, in the alternative, rehearing en banc, of the Second Circuit’s recent...


HTMLThe SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims
Cheryl I. Aaron, Travis Cole McCullough, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute arose between dozens of oil producers (the Producers) that sold oil to...


HTMLThe Consumer Financial Protection Bureau's Case against Citibank for Violations Relating to Credit Card Add-On Products
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
Today we’re taking a look at the CFPB’s recent enforcement case against Citibank, N.A. (“Citibank”) and two of Citibank’s subsidiaries, Department Stores National Bank (“DSNB”) and Citicorp Credit Services, Inc.


HTMLForbearance Agreements - When Can You Safely Walk Away From the Negotiation Table
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
August 24, 2015, previously published on Third Quarter 2015
Lenders who find themselves with a troubled loan that requires modification and a formal workout agreement can end up spending several weeks negotiating terms of the final forbearance agreement that will govern the remainder of the parties’ lending relationship, or at least get them past the...


HTMLSupreme Court Takes on Housing Discrimination
Christopher A. Roach; Adams and Reese LLP;
Legal Alert/Article
August 20, 2015, previously published on August 17, 2015
The U.S. Supreme Court recently ruled that certain actions that adversely affect minorities in poor neighborhoods violate the Fair Housing Act (FHA), even if there is no proof that discrimination was intentional. In a 5-4 decision, the Court formally recognized the availability of “disparate...


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