bankruptcy Articles on Martindale.com
Whether or not a bankrupt tenant is required to pay post-petition rent, and when that rent needs to be paid, are issues of significant importance to both debtors and landlords. A recent decision by the Bankruptcy Appellate Panel of the Eighth Circuit (the jurisdiction that encompasses Minnesota)...
On November 4, 2009, the Federal Trade Commission (the FTC or Commission) held a public forum to discuss proposed amendments to the Commission's Telemarketing Sales Rule (TSR) to address the sale of debt relief services. The proposed rules would reshape the availability of alternatives to...
Over the past year Japan has enacted a number of legislative initiatives in response to the global financial crisis, including an Act on Special Measures for Industrial Revitalization (the "Act"). Among other things, the Act establishes a process for consensual restructuring procedures...
Examines the securities claim exemption in bankruptcy, specifically which securities claims are covered by the exemption and in which bankruptcies the exemption applies.
Bankruptcy filings are skyrocketing as more and more companies are going deep into the red.
This Note deals with the potential liabilities under English Law of the directors and officers (secretary and managers) of a UK company in the event of its (potential) insolvency.
Secured lenders should take note that, effective July 1, 2009, a new Indiana law (Senate Bill 174, enacted as IC 26-2-10) requires a "motor vehicle repossession agent" who intends to repossess, or has repossessed, a "motor vehicle" or watercraft to provide certain information to...
Discretionary cost assessments levied against attorneys in disciplinary proceedings are not dischargeable in bankruptcy.
It's a fact of business: Some customers will pay slowly and sporadically, promise to catch up, convince you to ship more and then, sadly, file for bankruptcy.
The United States Court of Appeals for the Sixth Circuit recently held that software licenses transferred in connection with an internal reorganization do not vest with the surviving entity, despite state law to the contrary, unless the underlying license agreement expressly permits such transfers...
On October 13, 2009, the Bankruptcy Court for the Southern District of Florida entered a 176 page order in Official Committee of Unsecured Creditors of TOUSA, Inc., et al. vs. Citicorp North America, Inc., et al. (In re Tousa, Inc.), which, among other things, avoided over $400 million of liens and...
Recently, blind pool bank investment funds have become the latest structure to attract interest among investors looking for investment opportunities in financial institutions. The NBH Holdings* transaction is the first recent example of this kind of a structure, which can be used to recapitalize or...
Certain fee letters associated with a postpetition financing can be submitted under seal under Section 107(b) of Title 11 of the United States Code (the "Bankruptcy Code") according to the United States Bankruptcy Court for the District of Delaware, which noted that the information in...
In a recent decision by the United States District Court for the Northern District of California, the court held that an insurer does not have to provide D&O insurance coverage to a group of bondholders who took on the responsibilities of the bankrupt insured. The ruling was based on the insured's...
Issues, strategies, common mistakes and risks for creditors filing proofs of claim in bankruptcy.
The three major automobile manufacturers in the United States, General Motors, Ford and Chrysler, have indicated that without significant financial assistance from the government a filing for reorganization under Chapter 11 of the United States Bankruptcy Code is likely.
The priorities of some pension claims on bankruptcy and receivership changed as a result of amendments effective July 8, 2008 to the Bankruptcy and Insolvency Act R.S.C. (Canada) (the "BIA").
On November 26, 2008, just days after merger talks collapsed, LandAmerica Financial Group (LandAmerica) filed for protection under Chapter 11 of the United States Bankruptcy Code.
On October 30, 2009, the federal regulators of financial institutions issued a new policy statement regarding prudent commercial real estate (CRE) loan workouts. The regulators recognize that financial institutions and borrowers face significant challenges when dealing with diminished operating...
The old adage of "measure twice, cut once" can be appropriately adapted to lien foreclosure actions. Failing to identify all lienholders, including those considered to be junior lienholders, and naming them as parties to a foreclosure action can be costly.