Article Search Results (884)
Articles on bankruptcy
Articles on bankruptcy
Sponsored Results
 | Immediate Clampdown on Debt Buy-Backs
Ian R. Reid, Charlotte L. Sallabank; Jones Day; November 5, 2009, previously published on October 2009 The Government have announced in a Written Ministerial Statement that changes will be made in next year's Finance Bill, with effect from 14 October 2009, to amend the UK tax rules applying where existing debt is purchased at a discount by a company connected to the debtor. |
| Delaware Bankruptcy Court's Pillowtex Decision Favors Preference Defendant Relying on Subsequent New Value Defense
Squire, Sanders & Dempsey L.L.P.; November 5, 2009, previously published on October 2009 The October 15, 2009 decision of the US Bankruptcy Court for the District of Delaware in In re Pillowtex opens the door for creditors in the Third Circuit to increase their "new value" preference defense under the "subsequent advance" approach. In re Pillowtex, No. 03-12339... |
| Taxation of Debt Cancellation & Modification
Katie A. Ahern; Hinckley, Allen & Snyder LLP; November 5, 2009, previously published on October 26, 2009 In the current economic environment, many borrowers struggle to make timely payments while other borrowers struggle to make any payments. Faced with the choice of receiving less than what is owed or none of what is owed, some lenders are renegotiating outstanding loans and granting lower interest... |
| Taxation of Debt Cancellation and Modification Katie A. Ahern; Hinckley, Allen & Snyder LLP; October 28, 2009, previously published on October 2009 In the current economic environment, many borrowers struggle to make timely payments while other borrowers struggle to make any payments. Faced with the choice of receiving less than what is owed or none of what is owed, some lenders are renegotiating outstanding loans and granting lower interest... |
 | Weathering the Storm: Savings Clauses: Fraudulent Transfer Issues in the TOUSA Bankruptcy Case Lenard M. Parkins, Mark J. Elmore, Trevor Hoffmann, Sue P. Murphy, Robin E. Phelan, Kenric Kattner, Stephen M. Pezanosky, Eric Terry, Sarah B. Foster; Haynes and Boone, LLP; October 26, 2009, previously published on October 21, 2009 On October 13, 2009, a Florida bankruptcy judge in the TOUSA, Inc. bankruptcy cases ordered, among other things, (i) the avoidance of obligations, including liens, incurred by certain of the TOUSA subsidiaries (the "Conveying Subsidiaries") under a $200 million first lien facility (the... |
| A Shortfall at Lehman Brothers Inc.: The SIPA Trustee's Property Allocation Motion Joshua Dorchak, Kenneth A. Kopelman, Edwin E. Smith, Chris Atkinson, Aileen M. Foley; Bingham McCutchen LLP; October 26, 2009, previously published on October 8, 2009 On October 5, 2009, the trustee ("Trustee") overseeing the liquidation of Lehman Brothers Inc. ("LBI"), the U.S. broker-dealer, asked the court to approve his proposed allocation of LBI property (the "Motion"). The Motion reveals a $4.9 billion shortfall in assets that... |
| Six Pitfalls that Can Spell the Demise of Your Debt Relief Business Jonathan L. Pompan; Venable LLP; October 26, 2009, previously published on October 2009 No one would fault the debt settlement industry for being too overly focused on the Federal Trade Commission's ("FTC") proposed amendments to Telemarketing Sales Rule (the "TSR") to address the sale of debt relief services. The TSR rulemaking will have a profound and long-term... |
| Caveat Emptor Upon Foreclosure: Legislation Makes Foreclosing Parties New Landlords!!! Robert H. Brumfield, Ellen Scott Elliott; Kronick Moskovitz Tiedemann & Girard, [incorporation phrase format]A Law Corporation; October 26, 2009, previously published on October 8, 2009 Over the past year, foreclosing parties throughout California, including lenders, were taken aback by the June 2008 enactment of California Code of Civil Procedure ("CCP") Section 1161b which required the foreclosing party to give 60-day's written notice to vacate to all tenants... |
| Bankruptcy Can Upend the Asset Protection Benefits of the LLC Leonard, Street and Deinard, Professional Association; October 26, 2009, previously published on October 1, 2009 The limited liability company is widely used as the business entity of choice for a number of reasons, including its asset protection benefits. If a creditor of an LLC member attempts to seize the LLC member's interest (or the assets of the LLC for that matter), the creditor will have to deal with... |
| Lehman Swaps: Too Late to Terminate? Thomas S. Marrion, Stephen E. Weyl; Hinckley, Allen & Snyder LLP; October 17, 2009, previously published on October 2009 Since the commencement of bankruptcy proceedings by Lehman Brothers Holdings, Inc. ("Holdings") in September 2008 and by Lehman Brothers Special Financing, Inc. ("LBSF" and, with Holdings, "Lehman") a few weeks thereafter, counterparties have wrestled with whether to... |
