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HTMLPennsylvania Amends Act 47 to Give the Commonwealth More Oversight and its Municipalities Less Time to Reorganize
William W. Kannel, Adrienne K. Walker; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
Pennsylvania’s legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as “Act 47.” HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014.

 

HTMLBusiness Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk
A. W. "Chip" Phinney, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 31, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

 

HTMLOpportunistic Acquisitions: Buying Assets Through Bankruptcy
Nicholas E. Williams; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of the land when looking for a bargain. For example, in the last two years,...

 

HTMLConnecticut Bankruptcy Court Rules on Issue of First Impression: Whether The Absolute Priority Rule Is Applicable In Individual Chapter 11 Cases
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
November 14, 2014, previously published on November 3, 2014
Chief United States Bankruptcy Court Judge Julie A. Manning decided an issue of first impression in this District and the Second Circuit on September 4, 2014 in In re Richard and Stephanie Lucarelli and Lucarelli’s Executive Answering Service, LLC, Jointly Administered Case No. 13-30305...

 

HTMLRecent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
Legal Alert/Article
November 12, 2014, previously published on October 14, 2014
In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter 7. These Courts have based their findings on the “plain...

 

HTMLMore Ammunition in Defending Against Preference Claims
Jayson B. Ruff; McDonald Hopkins LLC;
Legal Alert/Article
November 11, 2014, previously published on October 30, 2014
11 U.S.C. § 547 gives a bankruptcy trustee or debtor in possession strong powers in avoiding transfers made by the bankrupt debtor within the 90-day period prior to the debtor's bankruptcy filing. I am sure there are many creditors who have had the unpleasant experience of receiving a letter...

 

HTMLBusiness Judgment Rule Protects Board's Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk; But It Does Not Protect Transfers of Value from the Corporation to a Controlling Shareholder or Related Party
A. W. "Chip" Phinney, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 10, 2014, previously published on October 31, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

 

HTMLLenders Implement Technology To Encourage Timely Payments
Donald F. Campbell; Giordano, Halleran & Ciesla A Professional Corporation;
Legal Alert/Article
November 3, 2014, previously published on September 29, 2014
A new trend has developed in the subprime auto lender industry, involving lenders installing devices that can remotely disable the ignition of their vehicles at any time. Subprime borrowers are considered those with credit scores of 640 or below. A drastic increase in subprime borrowers can be...

 

HTMLDoes the Bankruptcy Court have the Authority to Surcharge Exemptions?
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 28, 2014
Law v. Siegel: The facts of the case are that Mr. Law (Debtor) filed for Chapter 7 bankruptcy protection. He valued his home in California at $363,348 and claimed a $75,000 homestead exemption, as well as listed two mortgage liens on the property in question: (1) to Washington Mutual Bank for...

 

HTML11th Circuit Considers Whether Filing a Proof of Claim on Time-Barred Debt Violates the FDCPA
Karina Velter; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
November 3, 2014, previously published on October 28, 2014
The 11th Circuit, in Crawford v. LVNV Funding, LLC, recently explored whether a creditor violates the Fair Debt Collection Practices Act (FDCPA) by filing a proof of claim on debt for which the statute of limitations has expired. The facts of the underlying case giving rise to this appeal are...

 


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