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HTMLMississippi Amends and Reenacts S.A.F.E. Mortgage Act
C. Phillip Buffington, Elena A. Lovoy; Adams and Reese LLP;
Legal Alert/Article
August 11, 2016, previously published on June 28, 2016
Mississippi’s S.A.F.E. Mortgage Act (“SAFE Act”) was scheduled to be repealed on July 1, 2016. On April 6, 2016, Governor Bryant approved Senate Bill 2504 (“S.B. 2504”), which reenacts the SAFE Act and makes a number of substantive changes to the requirements under the...


HTMLChapter 13 Debtor Unable to Modify Confirmed Plan to Surrender Collateral
Christine L. Myatt; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2016, previously published on May 10, 2016
The U.S. Bankruptcy Court for the Eastern District of North Carolina in In Re Reuben Samuel Royal, Case No, 14-07134-DMW (May 2, 2016) recently concluded that the Chapter 13 debtors cannot surrender a vehicle back to the lender after confirmation of a Chapter 13 plan even though the vehicle was...


HTMLNew Cause of Action from Business Court?
Ron Jones; Nexsen Pruet, LLC;
Legal Alert/Article
August 5, 2016, previously published on May 17, 2016
In a recent case from the Business Court in Brunswick County, a North Carolina Judge held that Defendants could assert a claim for breach of the duty to negotiate in good faith finding that negotiations for a loan modification and renewal gave rise to a genuine issue of material fact as to whether...


HTMLAll Is Good With Bad Boy Guaranties
Douglas Turner Coats, Y. Jeffrey Spatz; Gordon Feinblatt LLC;
Legal Alert/Article
August 5, 2016, previously published on April 2016
Implicitly overruling its conclusion in memorandum 201606027 dated February 7, 2016 (the "Prior Memorandum"), on March 31, 2016, the Internal Revenue Service (the "Service") Office of Chief Counsel released memorandum 2016-001 (the "Memorandum") which concludes that...


Adobe PDFDelaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy
Kevin C. Maclay, Todd E. Phillips, Sally J. Sullivan; Caplin & Drysdale, Chartered;
Legal Alert/Article
August 1, 2016, previously published on July 18, 2016
On June 22, 2016, the Bankruptcy Court for the District of Delaware allowed a putative creditor class to file a class proof of claim in the In re Pacific Sunwear of California, Inc., et al., bankruptcy proceedings.1 In granting the motion, the bankruptcy court applied its discretion to certify a...


HTMLEleventh Circuit Holds That Bankruptcy Rules Apply to Adversary Proceedings in District Court, Orders Reinstatement of $6-Million Verdict on Procedural Grounds
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 8, 2016, previously published on July 1, 2016
When a federal district court oversees adversary bankruptcy proceedings, is the post-trial deadline to request judgment as a matter of law governed by Federal Rule of Civil Procedure 50(b), which allows 28 days to file such a motion—or by Bankruptcy Rule 9015(c), which allows only 14 days?...


HTMLFirst Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113
Mark G. Douglas, T. Daniel (Dan) Reynolds; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
In In re Trump Entm’t Resorts UNITE HERE Local 54, 810 F.3d 161 (3d Cir. 2016), the U.S. Court of Appeals for the Third Circuit answered a question of apparent first impression among the circuit courts of appeal by ruling that section 1113 of the Bankruptcy Code permits a bankruptcy trustee...


HTMLSeventh Circuit Rules That Prepetition Nonresidential Lease Termination Is Voidable “Transfer” in Bankruptcy
Mark G. Douglas, Timothy (Tim) Hoffmann; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Even before Congress added section 365(c)(3) to the Bankruptcy Code in 1984, it was generally understood that a nonresidential real property lease which has been validly terminated under applicable law prior to a bankruptcy filing by the debtor-former tenant cannot be assumed or assigned in...


HTMLBlocking Member Provision in LLC Agreement Designed to Prevent Bankruptcy Filing Unenforceable
Mark A. Cody, Mark G. Douglas; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
A contractual waiver of an entity’s right to file for bankruptcy is generally invalid as a matter of public policy. Nonetheless, lenders sometimes attempt to prevent a borrower from seeking bankruptcy protection by conditioning financing on a covenant, bylaw, or corporate charter provision...


HTMLLiquidating Trusts Remain a Viable Alternative for Unsecured Creditors (and Deficiency Secured Claims)
Alan H. Goodman; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
June 8, 2016, previously published on May 2016
As the oil industry bankruptcy wave continues, the liquidating trust alternative pursuant to a Chapter 11 plan remains a viable alternative for the unsecured creditors who often are left behind (as well as deficiency claims of secured creditors).


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