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HTMLAn Inherited IRA And Bankruptcy
Tiffany S. Franc; Pessin Katz Law, P.A.;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
In Clark v. Rameker, a case decided by the U.S. Supreme Court on June 12, 2014, the Court ruled that an inherited IRA did not constitute “retirement funds” under the Federal Bankruptcy Code and, therefore, those funds were not exempt assets of the bankrupt estate and were subject to the...

 

HTMLAmbient Corporation files Chapter 11 in Delaware
Morris James LLP;
Legal Alert/Article
August 1, 2014, previously published on July 28, 2014
On Monday, July 28, 2014, Massachusetts based Ambient Corporation filed for chapter 11 protection in Delaware. According to the petition, Ambient has between 50 and 99 creditors. Ambient’s estimated assets are listed between $1 million and $10 million with liabilities estimated between $1...

 

HTMLMeinl Vitas Flags Risk in Foreign Collateral Arrangements
Dentons Canada LLP;
Legal Alert/Article
July 30, 2014, previously published on July 18, 2014
A recent (and still pending) case involving insolvent Russian OOO Vitas Bank (Vitas) and Austrian Meinl Bank AG (Meinl) reminds us that creditors in foreign collateral arrangements with Russian legal entities (in particular, Russian banks) do face risk, and probably more than often thought. Lenders...

 

HTMLTop Tips: Buying From an Insolvent Company
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
The Restructuring, Insolvency and Bankruptcy Group considers the legal, commercial and practical issues.

 

HTMLTop Tips for Financiers: Dealing with a Defaulting Borrower
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
The Restructuring, Insolvency and Bankruptcy Group consider the legal, commercial and practical issues.

 

HTMLTop Tips for Financiers: Directors in a Financial Crisis
Dentons Canada LLP;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
The Restructuring, Insolvency and Bankruptcy Group considers the English law position.

 

HTMLEleventh Circuit Holds That Filing a Proof of Claim in Bankruptcy on a Time-Barred Debt Violates the FDCPA
Rachel R. Friedman, Alan D. Leeth; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 15, 2014
In Crawford v. LVNV Funding, LLC, the Eleventh Circuit became the first federal circuit court of appeals to hold that filing a proof of claim on a time-barred debt in a bankruptcy case violates the Fair Debt Collection Practices Act (“FDCPA”). See No. 13-12389, --- F.3d ---, 2014 WL...

 

HTMLDefending a Preference Action: The Ordinary Course of Business Defense
McDonald Hopkins LLC;
Legal Alert/Article
July 26, 2014, previously published on July 18, 2014
The answer is not as simple as it may seem. Creditors usually believe that nothing they have done falls outside of the ordinary course of business, and the necessary question is simply whether your business dealings with the debtor changed during the 90 days prior to the debtor’s bankruptcy...

 

HTMLProtecting the Lender: Strategies for Extending Credit to Health Care Providers
Eric J. Breithaupt; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized, and therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other industries, and having a lien on receivables may not alleviate the...

 

HTMLCollecting Charge-Offs: A Valuable Source of Revenue (Part One of Three-Part Series)
Robin Frazer, Elizabeth Lee Thompson; Stites & Harbison, PLLC;
Legal Alert/Article
July 24, 2014, previously published on July 16, 2014
At the height of the Great Recession—the fourth quarter of 2009—banks charged off 3.1% of all loans, resulting in a net loss of nearly $51 billion in that quarter alone. Over $27 billion of the 2009 fourth-quarter charge-offs came from loans secured by real estate, and another $8...

 


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