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1
Court: New Value Need Not Remain Unpaid To Limit Preference Liability
In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced ...
United States
22 Oct 2018
2
Effect Of Rejected Trademark License Agreement On Rights Of Use
Section 365(a) of the Bankruptcy Code permits a debtor or trustee, subject to bankruptcy court approval, to reject an executory contract and release the debtor's estate ...
United States
31 Aug 2018
3
Prepetition Setoff Not An 'Improvement In Position' Under Bankruptcy Code
In a recent decision out of the U.S. Bankruptcy Court for the Western District of Virginia, a court analyzed the effect of a setoff effectuated between two governmental units in the 90 days...
United States
18 Jul 2018
4
For Creditors, Written Representation Is The Best Evidence
The Supreme Court's opinion has implications for both creditors and borrowers in future transactions.
United States
17 Jul 2018
5
Supreme Court Resolves Circuit Split On Issue Of Whether Statement About A Single Asset Is One Respecting Debtor's Financial Condition
Section 523(a)(2) was enacted to place limits on the Bankruptcy Code's "fresh start" policy by protecting victims of fraud.
United States
3 Jul 2018
6
Supreme Court Limits Safe Harbor; May Increase Challenges To LBOs In Chapter 11
Valley View and its parent company, Centaur, LLC, subsequently filed for protection under chapter 11 of the Bankruptcy Code.
United States
7 Mar 2018
7
First Circuit Rejects Seventh Circuit's Approach To Rejection Of Trademark Licenses: Licensees Retain No Post-Rejection Trademark Rights
In one of the first decisions issued this year by the United States Court of Appeals for the First Circuit, the court addressed an issue of first impression.
United States
26 Jan 2018
8
Second Circuit Permits Market Interest Rates In Cramdown Plans
In re MPM Silicones, L.L.C.[1] is an important ruling for secured creditors because it weakens chapter 11 debtors' cramdown strength in the Second Circuit.
United States
10 Nov 2017
9
U.S. Trustee To Marijuana Businesses: "NIMBC" - Not In My Bankruptcy Court
On June 8, 2017, Clifford J. White III, director of the U.S. Trustee Program, proclaimed before a congressional subcommittee that "debtors with assets or income derived from marijuana may not proceed...
United States
6 Jul 2017
10
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
11
Safety And Soundness And The Bankruptcy Code: Does A Bank Commit A Safety And Soundness Violation By Failing To Comply With The Bankruptcy Rules?
It is fair to say that not many, if any, banks have internal controls or policies and procedures to identify and mitigate deficiencies in the bankruptcy practices of banks.
United States
27 Apr 2017
12
SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme
In Czyzewski et al. v. Jevic Holding Corp., et al., 580 U.S. __ (2017), decided on March 22, 2017, the United States Supreme Court held that a bankruptcy court cannot approve a non-consensual "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code.
United States
30 Mar 2017
13
Rechtsanwalt In Vietnam Oliver Massmann Versicherungswirtschaft
Es soll ein Projekt mit dem Namen "ComFrame" geben, das von der international tätigen Versicherungsgruppe (IAIG – verbunden mit IAIS) geplant wird und rechtlich verbindliche Rahmenbedingungen einführen soll.
United States
17 Feb 2017
14
Second Circuit Reverses Lower Court's Restrictions On The Restructuring Of Bondholder Rights In Marblegate
Recently, in a split (2-1) decision, the United States Court of Appeals for the Second Circuit overturned the United States District Court for the Southern District of New York's decision...
United States
17 Feb 2017
15
Vietnam Insurance Guide
A project "ComFrame" set up by the Internationally Active Insurance Groups (IAIG related to IAIS), is planned to establish regulatory framework with mandatory standards.
Vietnam
24 Jan 2017
16
Singapore Unveils New Proposed Debt Restructuring Legislation
Singapore's Ministry of Law has unveiled proposed amendments to the Singapore Companies Act to be made in 2017 to strengthen Singapore as an International Centre for Debt Restructuring.
Singapore
21 Dec 2016
17
First Circuit Bankruptcy Appellate Panel Latest To Warm Up To Protections For Trademark Licensees In Bankruptcy
In its recent decision in Tempnology LLC, n/k/a Old Cold, LLC v. Mission Product Holdings, Inc., the U.S. Bankruptcy Appellate Panel for the First Circuit rejected the Fourth Circuit's holding in . . .
United States
16 Dec 2016
18
Real Estate – Foreigners Buying Property – What You Must Know: Guiding Notes On Issues Relating To The Current Law On Land (2013) And Its Guiding Regulations For Land Transactions
For the purpose of State management, C&N is compulsorily required for some special types of land related transactions. For other land-related transactions, C&N is however optional.
Vietnam
25 Nov 2016
19
Recent Ninth Circuit Court Of Appeals Decision Renders Entz-White Void: Default Interest Can Be Collected By Secured Creditor In Connection With A Cure Under Chapter 11 Plan
The debtor then filed its chapter 11 voluntary petition in the Western District of Washington to stay the foreclosure proceedings.
United States
10 Nov 2016
20
Massachusetts Bankruptcy Court Rules That Parents Receive Reasonably Equivalent Value In Exchange For Paying Their Child's Tuition
College students across the country have begun returning to campus for the start of the fall semester. This arrival heralds new opportunities, new friends and new classes.
United States
20 Sep 2016
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