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HTMLWrongful Foreclosure: Acting Offensively May Short-Circuit the Need for a Defense
J. Matthew Kroplin; Burr & Forman LLP;
Legal Alert/Article
March 30, 2015, previously published on March 16, 2015
In recent years, lenders have been forced to defend a record number of so-called “wrongful foreclosure” lawsuits. However, several Tennessee court rulings issued this year indicate that if lenders act quickly and offensively, they may prevent these challenges.

 

HTMLBankruptcy Sales: The Stalking Horse
Brad B. Erens; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser, but they also present a number of potential impediments, particularly to purchasers who are not familiar with the bankruptcy sale process. The benefits...

 

HTMLPotential Shareholder Liability Arising From Subsidiary WARN Act Violations
Eric R. Blythe, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 2, 2015
When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company. When the financial difficulty results in a quick shutdown and immediate...

 

HTMLThe Year in Bankruptcy: 2014
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on January/February 2015
Compared to much of the rest of the world, the United States had the most positive economic, business, and financial news in 2014. Developments abroad were less hopeful, with Europe and Japan backsliding into recession, China's economic growth stagnating, Russia staggering under the weight of...

 

HTMLWhat to Make of a Diminished Thing: Tobacco Bond Defaults and Restructurings
Paul J. Ricotta, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 11, 2015
There is little poetry in tobacco bonds these days. Cigarette consumption has declined beyond projections, and the advent of e-cigarettes may exacerbate the decline. Payments under the Master Settlement Agreement (MSA) are down, and turbo redemptions of some tobacco bonds have ceased; ratings on...

 

HTMLBANKRUPTCY BEAT: Payments Made Directly From A DIP Account More Likely To Be “Unauthorized” Post-Petition Transfers
Jessica Grossarth; Pullman & Comley, LLC;
Legal Alert/Article
March 25, 2015, previously published on February 9, 2015
On December 19, 2014, The Honorable Julie A. Manning issued a Memorandum and Decision in the In re Louis Gherlone Excavating, Inc. case with respect to a Complaint filed by the Chapter 7 Trustee, Richard M. Coan (“the Trustee ”), to Avoid and Recover Unauthorized Post-Petition...

 

HTMLEnd of the Road For Aereo? Embattled Video Streaming Startup Files for Bankruptcy
Zachary W. Behler, Samuel J. Frederick, Mindi M. Johnson, Iris K. Linder, John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 25, 2015, previously published on December 11, 2014
In a prior post we reported that in June the U.S. Supreme Court ruled that streaming television service, Aereo, violated U.S. copyright law in connection with its business and legal battle with the major broadcast networks. At the time, we posed the question of whether, despite losing the lawsuit,...

 

HTMLPuerto Rico’s Recovery Act Ruled Preempted: What Now?
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 25, 2015, previously published on February 8, 2015
At the end of “The Candidate”, Robert Redford’s title character, having won, famously asks, “What do we do now?”

 

HTMLHouse Bill 64, as Introduced, Includes Expansion of Ohio’s Sales Tax to Debt Collection Services
Audra Taylor Funk; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 25, 2015, previously published on March 5, 2015
Ohio, like many states since the Great Recession, is looking to find a way to increase revenue while at the same time decrease small business income taxes and state income taxes for its residents. The current plan as proposed in the 2015-2016 budget includes not only an increase in the sales tax to...

 

HTMLUSA Synthetic Fuel Corporation Files Bankruptcy; Will Pursue A Sale
Carl "Chuck" N. Kunz; Morris James LLP;
Legal Alert/Article
March 24, 2015, previously published on March 18, 2015
On March 17, 2015, following the lead of Quicksilver Resources Inc., USA Synthetic Fuel Corporation filed its own voluntary chapter 11 case in Delaware. The case is docketed as case no. 15-10599, and has been assigned to The Honorable Mary F. Walrath.

 


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