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|Court Rules That Creditors May Assert Full Amount of Claim Despite Partial Recovery From Third Parties|
Dawn M. Hardesty; Adams and Reese LLP;
August 4, 2014, previously published on July 18, 2014On June 23, 2014, a federal bankruptcy court in Nebraska issued an order in the chapter 11 bankruptcy cases of Biovance Technologies, Inc. and William Edward Julien that granted American National Bank’s (“ANB”) motion for summary judgment and overruling Biovance’s and...
|In re Brown: Replacement Value Applies Even When Debtor Surrenders Property|
Ellen C. Rains; Burr & Forman LLP;
August 4, 2014, previously published on July 28, 2014The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an...
|President Obama Signs Executive Order on Federal Contractor Blacklisting|
Jackson Lewis P.C.;
August 4, 2014, previously published on August 01, 2014President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order, which applies to new federal procurement contracts, will require those seeking government contracts to disclose their employment and labor law violations for the previous three years.
|The Preference Plaintiff's Problematic Burden of Proof under Section 547(b)(5)|
Law Office of Frank Broyles;
August 4, 2014, previously published by American Bankruptcy Institute Unsecured Trade Creditors Committee Newsletter on November 2012The article considers the fifth of five elements a preference plaintiff must prove, the element that the preference payment resulted in the creditor receiving more than it would have received in a "hypothetical" Chapter 7. In particular, the article focuses on two preference cases...
|Duty of Lawyers Representing Insolvent Debtors to Disclose Confidential Information to Creditors|
Law Office of Frank Broyles;
August 4, 2014, previously published by American Bar Association ABI Journal on April 2011The article considers, in the context of both ABA model rules and the Texas Disciplinary Rules of Professional Conduct, the typical dilemma facing lawyers representing closely held debtors when the lawyer believes the controlling individuals are acting in their own best interests and not the best...
|Client Clearing: An ISDA/FBF Initiative for the French Market|
Alban Caillemer du Ferrage, Karole-Anne Sauvet; Jones Day;
August 4, 2014, previously published on August 2014The International Swaps and Derivatives Association ("ISDA") and the French Banking Federation ("FBF") just released the French Law Annex to the ISDA/FOA Client Cleared OTC Derivatives Addendum.
|U.S. and Others Step Up Sanctions Against Russia|
Cortney O'Toole Morgan, Linda K. Tiller; Husch Blackwell LLP;
August 4, 2014, previously published on August 1, 2014In response to Russia’s continuing actions in Ukraine, the United States and other nations have implemented increased economic sanctions that significantly broaden the scope of the sanctions previously in place. In addition to the U.S. actions, Canada, the European Union and Japan have...
|Important Change in Nonimmigrant Visa Application Procedures in Paris|
August 4, 2014, previously published on July 31, 2014Effective today, the U.S. Embassy in Paris will accept nonimmigrant visa application fees paid by debit card (online or by phone) or through Electronic Bank Transfer (online). In addition, applicants will no longer be required to purchase a pre-paid Chronopost envelope for the return of their...
|The International Comparative legal Guide to Profect Finance 2014|
Freddy Karyadi, Emir Nurmansyah; Ali Budiardjo, Nugroho, Reksodiputro (ABNR);
August 1, 2014, previously published by Global Legal Group as part of it ICLG series on April 2014This article examines the law surrounding Project Finance in Indonesia.
|Money Market Funds: Securities and Exchange Commission Adopts Money Market Fund Rule Amendments Requiring Institutional Funds to Adopt Floating Net Asset Values and Permitting Boards to Impose Liquidity Fees and Suspend Redemptions|
Sullivan Cromwell LLP;
August 1, 2014, previously published on July 28, 2014 On July 23, 2014, the Securities and Exchange Commission voted 3-2 to adopt amendments to the rules that govern money market funds under the Investment Company Act of 1940.