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Documents on Bankruptcy, Banking & Financial Services

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Adobe PDFGerman Insolvency Law - Overview of Insolvency Challenge Rights
Katharina Heßel, Malte Richter, Marco Wilhelm; Mayer Brown LLP;
White Paper
September 12, 2014, previously published on September 10, 2014
The most important principle of the German insolvency law is the equal treatment of the creditors of the insolvency debtor. To satisfy their claims, the creditors are entitled to the debtor’s insolvency estate. The insolvency estate consists of the entire assets of the debtor which belong to...


HTMLKnow The Law: Know Your Rights When Dealing With Debt Collectors
Andrew R. Hamilton; McLane, Graf, Raulerson & Middleton Professional Association;
Legal Alert/Article
September 10, 2014, previously published on September 2014
Q: I received a voicemail yesterday from someone who said he was calling from a debt collection agency. I don’t believe that I am behind on any debt, what should I do?


HTMLDiscussed with Examiners: Common Issues in Examinations
Randall L. Harbour; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
I recently had the opportunity to lead a discussion of prudential regulators and examiners at a meeting of the Banking Law Committee of the American Bar Association. Our topic was identifying the more frequent issues and problems they are seeing in their examinations of smaller financial...


HTMLNon-Dischargeable Tax Debt Not Special Class of Unsecured Creditors
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
August 28, 2014, previously published on August 26, 2014
In numerous previous posts, we have noted that the purpose of the Bankruptcy Code is to help the “honest but unfortunate debtor.” Like gerrymandering, certain “creative” debtors have attempted to classify their non-dischargeable debt as a separate, special class of unsecured...


HTMLPREPA Bondholders Seek Summary Judgment Invalidating Puerto Rico’s Public Corporation Bankruptcy Legislation
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 12, 2014
On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for summary judgment in the litigation they previously filed in the United States District Court for Puerto Rico challenging the constitutionality and...


HTMLBankruptcy Court Lacks Subject Matter Jurisdiction to Determine Tax Refund Claim Requested by Post-Confirmation Liquidating Trustee
Scott M. Grossman; Greenberg Traurig, LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession,...


HTMLConnecticut District Court Suggests Automatic Stay May Apply To Non-debtor Junior Lienholders In Foreclosure Action
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
August 18, 2014, previously published on August 8, 2014
On July 22, 2014, the Connecticut District Court issued an opinion, Eastern Savings Bank FSB v. St. Germain, et al, 2014 WL 3687740 (D. Conn. 2014), which could impact the applicability of the automatic stay of 11 U.S.C. §362(a) to non-debtor parties.


Adobe PDFNew Chilean Insolvency Act
Ricardo Reveco; Carey;
Legal Alert/Article
August 15, 2014
In October of 2014, Law No. 20,720 will enter into effect. This act replaces the current bankruptcy law, and creates a new reorganization and liquidation regime for both corporations and natural persons. -


Adobe PDFLaw No. 20,715: On Protection to Debtors of Money Loans
Felipe Moro, Diego Peralta, Francisco Ugarte; Carey;
Legal Alert/Article
August 15, 2014
On December 13, Law No. 20,715 was published in the Official Gazette, after an intense debate in the financial industry and over 2 years of discussion in Parliament. The new law modifies Law No. 18,010 on regulations on money loan transactions, Law No. 19,496 on protection of consumer rights and...


HTMLSecond Circuit Court of Appeals Looks at “Commercial Reality” in Deciding Lehman / Barclays Dispute
Adam H. Friedman, Jonathan T. Koevary; Olshan Frome Wolosky LLP;
Legal Alert/Article
August 13, 2014, previously published on August 7, 2014
In a closely watched dispute impacting creditors of the Lehman Brothers, Inc. (“LBI”) bankruptcy estate, on August 5, 2014, the U.S. Court of Appeals for the Second Circuit ruled that while “ambiguities” existed in the expedited sale of Lehman’s brokerage business to...


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