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HTMLInsider Loans Equitably Subordinated
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2016, previously published on January 22, 2016
In SGK Ventures, LLC, the Bankruptcy Court for the Northern District of Illinois ordered that the secured claims of two entities controlled by insiders of the debtor be equitably subordinated to the claims of unsecured creditors.

 

Adobe PDFFiling a Proof of Claim after Crawford: the Potential for Creditors to Face FDCPA Violations in the Eleventh Circuit
Regan Loper; Burr & Forman LLP;
Legal Alert/Article
February 2, 2016, previously published on January 2016
The language of Bankruptcy Code § 501(a) is as broad as it is simple. "A creditor or an indenture trustee may file a proof of claim."1 The Bankruptcy Code's definition of "claim" only broadens § 501(a)'s scope: a "claim" means any "right to...

 

HTMLDelaware Bankruptcy Court Indicates That Directors and Officers of an Insolvent Company May Be Liable for Breaches of Fiduciary Duty for Failing to Provide Timely WARN Act Notice
Kenneth H. Brown, Peter J. Keane, Bradford J. Sandler; Pachulski Stang Ziehl & Jones LLP;
Legal Alert/Article
January 29, 2016, previously published on January 7, 2016
Directors and officers of distressed businesses face a dizzying array of challenges, including personal liability for unpaid wages under federal and state laws. The federal Worker Adjustment Retraining and Notification Act [1] and similar state laws (the "WARN Act") require at least 60...

 

HTMLChapter ’20’ Debtors May Permanently Avoid Liens After New 9th Circuit Decision
Karel Rocha; Prenovost, Normandin, Bergh & Dawe A Professional Corporation;
Legal Alert/Article
January 27, 2016, previously published on December 16, 2015
The United States Court of Appeal for the 9th Circuit (which controls all bankruptcy cases filed in California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington) issued an important decision on October 1, 2015 pertaining to the permanent avoidance of liens in so-called...

 

HTMLRevisiting the Post-Bankruptcy Toolbox: Don’t Forget to Compare the Financials
Travis A. Knobbe; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
January 25, 2016, previously published on December 30, 2015
For better or worse, lenders have become increasingly familiar with the strange dynamic that is the post-bankruptcy minefield created by their borrowers filing a bankruptcy petition. Immediately, lenders begin thinking about how they can minimize the write-off, how they can reduce exposure, how...

 

Adobe PDFPre-Bankruptcy Payment to Secured Creditor Escapes Statutory Deemed Trust
Ian Aversa, Jeremy Nemers, Mark Strychar-Bodnar; Aird & Berlis LLP;
Legal Alert/Article
January 20, 2016, previously published on January 8, 2016
Secured creditors should take note of Callidus,1 wherein the Federal Court (the “Court”) held that the bankruptcy of a tax debtor rendered a statutory deemed trust under section 222 of the Excise Tax Act (the “ETA”) ineffective as against a secured creditor who, prior to the...

 

HTMLCreditors Rights Suffers a Major Depression in North Carolina
Jay DeVaney; Nexsen Pruet, LLC;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
On September 25, 2015, the North Carolina Supreme Court ruled in High Point Bank and Trust Company v. Highmark Properties, LLC. The long-awaited decision affirmed the enlarged the statutory application of §45-21.36 in three significant ways. More on that below.

 

Adobe PDFTrustee Cannot Disclaim Bankrupt Landlord’s Lease
Ian Aversa, Jeremy Nemers; Aird & Berlis LLP;
Legal Alert/Article
January 14, 2016, previously published on December 3, 2015
In Aventura2, a recent decision of the Ontario Superior Court of Justice (Commercial List) (the “Court”), the Honourable Justice Penny confirmed that a bankruptcy trustee does not have the authority, pursuant to section 30(1)(k) of the Bankruptcy and Insolvency Act (the...

 

HTMLSixth Circuit Analyzes When a Communication is a “Communication” that Violates the Fair Debt Collection Practices Act
Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 16, 2015
There’s a fine line between a lawful and an unlawful communication by a debt collector under the Fair Debt Collection Practices Act (“FDCPA”). In a recent opinion, the U.S. Court of Appeals for the Sixth Circuit upheld a lower court ruling that a debt collector, Van Ru Credit...

 

HTMLDoes The Automatic Stay Apply To Stay Acts Against An Individual Debtor’s Wholly-Owned Company?
Irve J. Goldman; Pullman & Comley, LLC;
Legal Alert/Article
January 5, 2016, previously published on December 17, 2015
A vexing issue for some creditors arises when an individual who is typically a guarantor or co-debtor of his wholly-owned company’s debt files bankruptcy under chapter 7, 11 or 13 and then takes the position that the automatic stay thereby imposed applies to stay actions against his or her...

 


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