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1
Combining Liquidity And Efficiency Metrics: Cash Conversion Cycle Can Be A Useful Management Tool
How long does it take your company to convert raw materials to cash collected from customers?
United States
23 May 2017
2
Medicare's Jurisdictional Bar And The Bankruptcy Code
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
United States
23 May 2017
3
U.S. Supreme Court Weighs In On Bankruptcy Claims, Fair Debt Collection Practices Act
The United States Supreme Court issued a ruling Monday resolving the question of whether filing a proof of claim for a debt that is time-barred by the statute of limitations is a violation of the FDCPA.
United States
22 May 2017
4
Supreme Court Rules That Filing A Proof Of Claim On A Time-Barred Debt Does Not Violate The FDCPA
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
United States
22 May 2017
5
Supreme Court Holds That Filing Of Time-Barred Bankruptcy Claim Does Not Violate FDCPA
On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017)...
United States
22 May 2017
6
Midland Funding Highlights Peculiar Feature Of Wisconsin's Statute-Of-Limitations Law
The U.S. Supreme Court's decision today in Midland Funding, LLC v. Johnson, 581 U.S. ___, No. 16-348, draws attention in passing to a peculiar feature of Wisconsin law on the effect of statutes of limitations.
United States
22 May 2017
7
Sixth Circuit Court Of Appeals Holds Properly Perfected Assignment Of Rents Not Property Of Bankruptcy Estate
In a significant ruling impacting commercial real estate lenders in Michigan, the Sixth Circuit Court of Appeals has ruled that an absolute assignment of rents...
United States
22 May 2017
8
Filing Stale Proof Of Claim In Bankruptcy Does Not Violate The Fair Debt Collection Practices Act
On May 15, 2017, the United States Supreme Court, in a 5-3 majority, sided with the majority of U.S. Courts of Appeals and held that the filing in bankruptcy court of a proof of claim...
United States
22 May 2017
9
Effects Of Assignor's Bankruptcy On Assignment Of Payment Stream
In a May 2, 2017 decision, the Sixth Circuit Court of Appeals decided the fate of a stream of rental payments from the bankrupt owner of a residential complex.
United States
17 May 2017
10
A Mis-Indexed UCC-1 Financing Statement Remains Valid And Prior To A Subsequent Filing:
The United States Bankruptcy Court for the Northern District of West Virginia recently held that a UCC-1 financing statement properly submitted to, but mis-indexed by, the UCC filing office was effective...
United States
16 May 2017
11
Supreme Court To Resolve Circuit Split On Scope Of 546(e)'s Safe Harbor Provision
The safe harbor is intended to ensure the stability of the securities market in the event of corporate restructurings.
United States
16 May 2017
12
Supreme Court Addresses FDCPA/Time-Barred Debts and Preemption/Arbitration
Today, the Supreme Court held that a debt collector does not violate the Fair Debt Collections Practices Act (FDCPA) by knowingly attempting to collect a debt in bankruptcy proceedings...
United States
16 May 2017
13
Lenders Welcome Cinco De Mayo Ruling From NC Supreme Court On Deficiency Judgments
Readers of my case alerts may remember a July 2015 alert about the troubling North Carolina Court of Appeals decision in United Community Bank v. Wolfe...
United States
15 May 2017
14
Who Knew? An Absolute Assignment Of Rents Can Be Absolute
Sixth Circuit Determines that an Absolute Assignment of Rents Perfected Under Michigan State Law Takes Property out of a Bankruptcy Estate...
United States
15 May 2017
15
Takeaways From Cumulus Media Refinancing Ruling
Corporate Restructuring and Bankruptcy associate Mark Chass's article, "Takeaways From Cumulus Media Refinancing Ruling," appeared in Law360's Expert Analysis column on May 8, 2017.
United States
11 May 2017
16
Bankruptcy Settlements Post-Jevic: Potential New Requirements For Priority-Altering Settlements
In In re Fryar, the bankruptcy court reviewed a settlement involving the sale of the debtor's equity interests in two private ventures.
United States
11 May 2017
17
Marblegate Asset Management, LLC V. Education Management Finance Corp.: Federal Appeals Court Holds That Trust Indenture Act Prohibits Nonconsensual Amendments Only To "Core Payment Terms"
On 17 January 2017, the federal appeals court based in New York held that the prohibition in the Trust Indenture Act of 1939 on impairing a bondholder's right "to receive payment" without the bond...
United States
11 May 2017
18
Expert Witnesses In Bankruptcy Court: Some Legal And Practice Points For Litigators
Litigation in bankruptcy court differs from litigation elsewhere in a number of respects...
United States
10 May 2017
19
Keep On Truckin': Priority Rules Still Rule In Structured Dismissals
In 2015, Distressing Matters reported on the Third Circuit's decision in In re Jevic Holding Corp., wherein that panel ruled that, in rare circumstances, bankruptcy courts may approve the distribution...
United States
10 May 2017
20
Debt Dialogue: April 2017
This month's issue of Debt Dialogue addresses issues of disclosure and contract interpretation, enforcement in the muni bond space, accounting for trustee fees, and more.
United States
8 May 2017
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