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Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in the Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy

USA - September 13 2016 In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in...

Clarissa Collier, Engels Tejeda.


The final word on Mwangithe Ninth Circuit holds debtor cannot recover alleged damages for a stay violation arising from an administrative freeze on the debtor’s bank account

USA - 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...

Clarissa Collier, Kirk S. Cheney.


Ninth Circuit rules that a debtor may in certain circumstances recover attorney’s fees incurred in prosecuting a stay violation (or, how a creditor can turn a small debt owed to it by the debtor into a large debt it must pay to the debtor)

USA - December 9 2014 If a creditor violates the automatic stay by seizing property of the estate and fails to cure that violation before the debtor files an action under...

Clarissa Collier, Kirk S. Cheney.


Sixth Circuit sets standards for determining whether a livestock lease is a true lease or a disguised secured transaction

USA - November 11 2014 In a split decision, the Sixth Circuit Court of Appeals in its opinion in Sunshine Heifers, LLC v. Citizens First Bank (In Re: Lee H. Purdy), 763 F...

Clarissa Collier, Kirk S. Cheney.


Nowhere to turn for insolvent marijuana businesses

USA - September 25 2014 Recreational marijuana is legal in two statesWashington and Coloradoand medical marijuana is legal in another twenty-one states...

Clarissa Collier, Kirk S. Cheney.