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HTMLThe Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
July 3, 2015, previously published on June 23, 2015
Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does “cramming” mean in the context...


HTMLNew Jersey Bankruptcy Court Issues Ruling Regarding Condominium Association Liens in Chapter 13 Proceedings
Robert J. Flanagan; Greenbaum, Rowe, Smith & Davis LLP;
Legal Alert/Article
June 23, 2015, previously published on June 2015
On June 11, 2015, the United States Bankruptcy Court for the District of New Jersey recognized that a condominium association’s lien is entitled to a limited six-month priority over a first mortgage.


HTMLRecent LMA LIBOR Related Changes - Their Possible Impact on Islamic Finance Documents
Richard de Belder, Adam Pierce; Dentons Canada LLP;
Legal Alert/Article
May 19, 2015, previously published on March 31, 2015
At the end of last year, the Loan Market Association (LMA) updated its facility agreements, including changes to the interest rate definitions and mechanics. Many Islamic finance transactions use a conventional interest rate benchmark, such as LIBOR, to calculate the profit or variable rental....


HTMLFinancing of North Sea oil and gas - a restructuring and insolvency perspective
Humphrey Douglas, Byron Nurse; Dentons Canada LLP;
Legal Alert/Article
April 15, 2015, previously published on March 31, 2015
Until recently, there was little call for restructuring and turnaround specialists in the UK to focus on the oil and gas industry. That has now undoubtedly changed. In the second half of 2014, Brent crude prices fell from over US$100 a barrel to around US$50, and although prices have since...


HTMLReceivables Finance - Overriding Blocks to Assignment
James Harvey, Alexander Hewitt; Dentons Canada LLP;
Legal Alert/Article
April 14, 2015, previously published on March 31, 2015
The Small Business Enterprise and Employment Act received Royal Assent on 26 March and, when implemented, is expected to produce a huge boost in SME receivables finance.


HTMLBankruptcy Sales: The Stalking Horse
Brad B. Erens; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser, but they also present a number of potential impediments, particularly to purchasers who are not familiar with the bankruptcy sale process. The benefits...


HTMLAs GM Attempts to Hide Behind Bankruptcy Shield, Bellwether Trials are Set for January 2016
Jodi Westbrook Flowers; Motley Rice;
Legal Alert/Article
March 19, 2015, previously published on March 10, 2015
Despite GM’s initial claim that only 13 deaths were related to its defective ignition switch, the company’s Ignition Switch Compensation Fund has now approved settlements for 64 deaths and 108 serious injury claims. For more than a decade, the automaker knew that this ignition switch...


HTMLSecond Circuit Denies Petition for En Banc Review of Fairfield Decision
Ingrid Bagby, Daniel Gwen, David E. Kronenberg; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
March 12, 2015, previously published on January 16, 2015
On January 13, 2015, the U.S. Court of Appeals for the Second Circuit denied a petition for en banc review of the Second Circuit’s September 2014 panel decision holding that bankruptcy courts are required to review the propriety of a Chapter 15 debtor’s transfers of property interests...


HTMLLoan Prepayment Penalties
Robinson Brog Leinwand Greene Genovese Gluck P.C.;
Legal Alert/Article
March 5, 2015
It is generally accepted practice for commercial lenders to incorporate prepayment premiums or penalties into loan documents in order to counter act any potential lost interest or other costs resulting from the early payoff of a loan. These prepayment premiums may also be referred to as "make...


HTMLThe Final Word on Mwangi—the Ninth Circuit Holds Debtor Cannot Recover Alleged Damages for a Stay Violation Arising From an Administrative Freeze on the Debtor’s Bank Account
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.


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