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HTMLThe U.K. Supreme Court Revisits Equitable Compensation in Commercial Transactions
Sam Rogers; McCarthy Tétrault LLP;
Legal Alert/Article
January 14, 2015, previously published on December 2, 2014
Trusts are widely used in commercial transactions. But, as creatures of equity, trusts raise issues that may not be immediately familiar to everyone who relies on them in the commercial world. Indeed, the interrelationship between equitable doctrines and remedies and common law principles and...


HTMLRestructurings - Don't Forget the Tax Man
Hayley Capani, Sonia Jordan; Dentons Canada LLP;
Legal Alert/Article
January 10, 2015, previously published on December 11, 2014
When undergoing a restructuring, a borrower/officeholder's main focus is often the company's lenders. However, there are occasions when HMRC's agreement can be just as key to ensuring any process runs smoothly. In this article, Sonia Jordan and Hayley Çapani discuss some key areas where...


HTMLDoes a Secured Party Remain Perfected in a 'Sub-Account' Created Post-Closing? It Depends.
Bruce A. Wilson; Kutak Rock LLP;
Legal Alert/Article
December 30, 2014, previously published on November 5, 2014
An interesting case on securities accounts from the United States Bankruptcy Court for the Eastern District of Pennsylvania addressed the issue of whether a creditor’s perfected security interest in a securities account remained perfected in sub-accounts that were created post-closing. In re...


HTMLJudgment Debtor in Garnishment Action Has No Vested Right to Compel Strict Compliance With Service of Process Requirements on Garnishee
Armando Nozzolillo, Michael S. Waskiewicz; Rogers Towers, P.A.;
Legal Alert/Article
December 29, 2014, previously published on November 18, 2014
Garnishments are one of the most effective tools at a creditor’s disposal for collection purposes. The rules and requirements for initiating a garnishment action are laid out in Chapter 77, Florida Statutes. Garnishment actions are generally ancillary to the main action brought by a creditor...


HTMLConsumer Financial Protection Bureau - The Basics of the CFPB
Brooks Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
November 28, 2014, previously published on November 10, 2014
Let’s begin—honestly—by acknowledging that the very words, “the Consumer Financial Protection Bureau” tend to make our eyes glaze over, whether you’re a supporter or opponent of the CFPB’s cause or work for an institution that’s subject to the...


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...


HTMLDon't Make the $1.5 Billion Mistake
Jeffrey S. Grasl, Stephen M. Gross; McDonald Hopkins LLC;
Legal Alert/Article
October 31, 2014, previously published on October 24, 2014
In what is many times considered a ministerial task, the careful preparation and review of UCC-3 termination statements in transactions between debtors and lenders should not be taken lightly. Secured creditors and their professionals would be wise to make sure that the identification of security...


HTMLU.S. Causes of Action and Attorney Retainer Fund Sufficient Assets for Chapter 15 Recognition
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title"...


HTMLQuestioning the Executoriness of Trademark Licenses in Integrated Agreements
Mark G. Douglas, Laura L. Swanson; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
Protections added to the Bankruptcy Code in 1988 that give some intellectual property (“IP”) licensees the right to continued use of licensed property notwithstanding rejection of the underlying license agreement do not expressly apply to trademark licenses. As a consequence, a...


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