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HTMLFederal District Court Rebuffs Attempt by Navy Sailors to Satisfy Judgment Against Republic of Sudan by Attaching Assets Held by Global Banks
Olga Greenberg, Meghana D. Shah, John E. Sharpe, Ronald W. Zdrojeski; Eversheds Sutherland (US) LLP;
Legal Alert/Article
February 16, 2017, previously published on February 15, 2017
A recent decision by the United States District Court for the Southern District of New York delivered a victory to banks seeking to prevent judgment creditors from attaching assets “blocked” pursuant to Office of Foreign Assets Control (OFAC) regulations.1 In Harrison v. Republic of...


HTMLStatutory Demands in the Cayman Islands
Gary Smith, Ramona Tudorancea; Loeb Smith;
Legal Alert/Article
January 6, 2017, previously published on Winter 2017
A statutory demand is a formal demand for payment of a debt made by a creditor to a debtor. It may be used as the basis for an application for a petition to wind up a Cayman company.


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...


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...


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).


HTMLForbearance Agreements - When Can You Safely Walk Away From the Negotiation Table
James J. Niemeier; McGrath North Mullin & Kratz, PC LLO;
Legal Alert/Article
August 24, 2015, previously published on Third Quarter 2015
Lenders who find themselves with a troubled loan that requires modification and a formal workout agreement can end up spending several weeks negotiating terms of the final forbearance agreement that will govern the remainder of the parties’ lending relationship, or at least get them past the...


HTMLLenders Get Protection Under New Amendments to Nevada’s HOA Lien Priority Statute
Jacob D. Bundick, Leslie S. Godfrey, Sean A. Gordon, Jennifer L. Gray; Greenberg Traurig, LLP;
Legal Alert/Article
June 23, 2015, previously published on June 15, 2015
In a September 2014 ruling, the Nevada Supreme Court sent shockwaves through the lending community by holding that a homeowners association’s (HOA) non-judicial foreclosure sale can extinguish a mortgage lender’s previously-recorded first deed of trust on a property if that foreclosure...


HTMLNew York Appellate Division Approves RMBS Settlement
Christopher J. Houpt, Matthew D. Ingber; Mayer Brown LLP;
Legal Alert/Article
May 1, 2015, previously published on April 8, 2015
The New York Appellate Division has decided the appeals in the Article 77 proceeding in which The Bank of New York Mellon (BNYM) sought approval relating to an $8.5 billion settlement covering 530 RMBS trusts.1 The settlement—between BNYM, Bank of America, and Countrywide—resolved...


HTMLSecurities Law Considerations in Cross-Border Restructurings
Marie Elena Angulo, Pedro A. Jiménez, Jessica Mendoza; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 2015
Non-U.S. companies in the process of restructuring debt that includes one or more series of U.S. bonds must ensure that their restructuring plan and any securities issued as part of such plan comply with the requirements of U.S. securities law, in particular the registration requirements of the...


HTMLSpinach for the Strong Arm Power
G. Ray Warner; Greenberg Traurig, LLP;
Legal Alert/Article
March 26, 2015, previously published on March 20, 2015
In a little-noticed November opinion, the Seventh Circuit greatly expanded the ability of a bankruptcy trustee to avoid a security interest for documentation errors under section 544(a)(1) of the Bankruptcy Code. See State Bank of Toulon v. Covey (In re Duckworth), 776 F.3d 453 (7th Cir. 2014).


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